Asoke Majumder @ Ashok Majumder And ANR v. State Of West Bengal

April 20, 2023 AD - 33 Ct. 34 SG CRR 1759 of 2021 In Re. An application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973.

Asoke Majumder alias Ashok Majumder and another -versus- State of West Bengal and another Mr. S. Bhanja ... for the petitioners.

Mr. Swapan Banerjee Mr. Suman De ... for the State.

Mr. Banerjee, learned advocate appeared for the State. The revisional application was admitted on 13.09.2021. There is no interim order in respect of the subject matter of challenge relating to the order passed under Section 156(3) of the Code of Criminal Procedure as well as the proceedings which commenced being Duttapukur Police Station Case No.958 of 2018. Having considered the fact that the subject matter related to the direction passed by learned Magistrate under Section 156(3) and the proceedings having commenced almost 5 years ago, I am of the opinion that there is bound to be changed circumstances during pendency of the present revisional application which has not been brought to the notice of this Court. Consequently, no interference is called for relating to the subject matter of challenge in the present revisional application.

The petitioner would be at liberty to canvass such points in course of subsequent proceedings at the post

cognizance and post charge-framing stage before learned Trial Court.

With the aforesaid observations, CRR 1759 of 2021 is disposed of.

Pending application, if any, is consequently disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent certified photostat copy of this order, if applied for, be supplied to the parties upon compliance of the requisite formalities.

( Tirthankar Ghosh, J. )