Sachindra Nath Boral v. State Of West Bengal

17.02.2022

IN THE HIGH COURT AT CALCUTTA

Item No.41 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 2022 of 2018 (Via Video Conference) Sri Sachindra Nath Boral versus The State of West Bengal & Ors.

In Re: An Application under Section 482 of the Code of Criminal Procedure, 1973 filed for quashing of proceedings of a charge-sheet being No.216/17 dated 31.08.2017 under Sections 341/323/506/34 of the Indian Penal Code arising out of Airport Police Station Case No. 159/17 dated 13.07.2017.

Md. Anwar Hossain, Ms. Debjani Sahu ... For the State.

As none appears on behalf of the petitioner or for the State, Mr. Anwar Hossain, learned advocate, who ordinarily appears for the State, is directed to appear in this matter and represent the State. His appointment may be regularized by the concerned authorities.

The present revisional application has been preferred challenging the charge-sheet filed in connection with Airport Police Station Case No. 159/17 dated 13.07.2017. The petitioner approached this Court at a stage when the investigation was completed and charge-sheet was submitted before the learned Additional Chief Judicial Magistrate, Barrackpore.

I have considered the contentions advanced by the petitioner in this revisional application and the same, according to me, relate to disputed question of facts which cannot be adjudicated by this Court at this initial stage when

the charge-sheet has been submitted and cognizance of the offences has been taken by the learned Magistrate. Having regard to the issues so canvassed, I am of the opinion that the petitioner would be at liberty to canvass such points in course of the trial.

Accordingly, the revisional application being CRR 2022 of 2018 is dismissed.

All pending connected applications, if any, are consequently disposed of.

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