Dolon Chakraborty And Others v. State Of West Bengal And ANR

July 14, 2023 AD - 47 Ct. 34 SG CRR 2150 of 2023 Smt. Dolon Chakraborty and others -versus- The State of West Bengal Mr. Tanmay Chowdhury Ms. Ritoprita Ghosh ... for the petitioners.

Mr. S.G. Mukherjee, ld. PP Mr. Anwar Hossain Ms. Debjani Sahu ... for the State.

Ms. Rupsa Sreemani ... for the opposite party No.2.

The present revisional application was preferred challenging the continuance of the proceedings of Daspur Police Station Case No.324 of 2018 dated October 12, 2018.

Both the parties approached this Court and submitted that a settlement had arrived at between the parties.

However, from the records I find that the investigating officer submitted charge-sheet under Section 307 IPC along with other sections of IPC.

Having considered that Section 307 IPC is a sessions triable offence, at such stage I am not inclined to interfere and to give priority to the factum of compromise.

However, having regard to the nature of the injuries which I have cross checked from the case diary, I am of the view that the same is required to be ascertained. Thus, learned trial court is directed to commit the case on the next date or within a month thereafter. Learned sessions court would take steps so that within 2 months of the receipt of the records, charges are framed and within a month thereafter dates to be fixed for examination of the injured victim and the medical expert. Petitioners are granted liberty to approach this Court after the evidence of the aforesaid 2 witnesses are over. With the aforesaid observations, CRR 2150 of 2023 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 copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

( Tirthankar Ghosh, J. )