Compton Biswas v. Md Sirajuddin & ANR

21.2.2022 sb CRR 1694 of 2019 (Via video conference) In Re: An application under Section 482 of the Code of Criminal Procedure, 1973 filed in connection with Chinsurah Police Station Case No. 162 of 2018 dated 2.7.2018 under Sections 304/34 of the Indian Penal Code.

In the matter of : Compton Biswas .......Petitioner Mr. Madhusudan Sur, Ld. APP Mr. Manoranjan Mahata ...for the State Report so submitted by the learned advocate for the State, be kept with the record.

None appears for the petitioner.

Mr. Sur, learned advocate appearing for the State submits that the status report reflects that lastly on 8th February, 2022, the date was fixed for consideration of charge. I have assessed the contentions advanced in the revisional application which has been filed on the foundation of malicious proceedings, concocted fact and by way of counter-blast. Having regard to the contentions advanced by the petitioner in the instant application, I am of the opinion that the same are questions of fact which may not be adjudicated by this Court at this stage and the petitioner will be entitled to controvert the prosecution evidence at the stage of trial and agitate his contention at the final arguments after the prosecution and defence evidence is over.

Accordingly, the revisional application being CRR 1694 of 2019 is disposed of.

Pending application, if any, is consequently, disposed of. Interim order, if any, is hereby vacated.

All parties are to act on the server copy of this order, duly obtained from the official website of this Court. (Tirthankar Ghosh, J.)