Santosh Kumar Pasi @ Santosh Kumar Chowdhury And ORS v. State Of West Bengal And ANR

03.05.2023

IN THE HIGH COURT AT CALCUTTA

Item No.58 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 1750 of 2021 Santosh Kumar Pasi @ Santosh Kumar Chowdhary & Ors.

versus The State of West Bengal & Anr.

In Re: An Application under Section 482 read with Section 401 of the Code of Criminal Procedure, 1973.

Mr. Subhabrata Chowdhury, Ms. Tripti Pandey, Mr. Biswajit Goswami ... For the Petitioners.

Mr. S. G. Mukherjee, Ld. P.P., Mr. Narayan Prasad Agarwala, Ms. Sujata Das ... For the State.

Affidavit-of-service filed in Court today be kept on record.

This revisional application was preferred challenging the continuance of Nadial Police Station Case No. 174 of 2020 dated 31.12.2020 under Sections 498A/323/324/406/34 of the Indian Penal Code read with Sections 3 and 4 of the Dowry Prohibition Act.

Mr. Agarwala, learned advocate appearing for the State submitted a report dated 22.04.2023. Let the same be kept on record.

The said report reflects that charge-sheet has been submitted before the jurisdictional court and the case records have been transmitted to the court of learned Judicial Magistrate, 2nd Court, Alipore. The petitioners approached this Court challenging the first information report and the continuance of the investigation. There has been change of circumstances. Charge-sheet has been submitted and the

petitioners while preferring this revisional application under the given set of circumstances were not in possession of the documents on which the prosecution intended to rely upon as the charge-sheet at the relevant time was not submitted. Having considered the changed circumstances, I direct the petitioners to canvass the points agitated in the present revisional application at the appropriate stage of the proceedings.

With the aforesaid observations, the revisional application being CRR 1750 of 2021 is disposed of. Pending connected 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 photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)