Shila Gupta @ Shila Shaw v. State Of West Bengal And ANR

20.06.2023 ss C.R.R. 2197 of 2023 Shila Gupta @ Shila Shaw Vs.

The State of West Bengal & Anr.

Mr. Satadru Lahiri Mr. Abhishek Gupta ... ... for the petitioner Mr. Saswata Gopal Mukherji, PP Mr. Imran Ali Ms. Debjani Sahu ... ... for the State Petitioner is directed to serve a copy of the revisional application upon Mr. Imran Ali, learned advocate, who ordinarily appears on behalf of the State. His appointment may be regularized by the concerned authorities.

Mr. Satadru Lahiri, learned advocate, appearing for the petitioner has challenged the continuance of Howrah Police Station Case No.301 of 2021 dated 09.10.2021 (G.R. Case No.5804 of 2021).

On perusal of the revisional application it reflects that the investigating agency has concluded the investigation and filed charge-sheet before the jurisdictional Court. However, documents on which the prosecution has relied under section 207 of the Code of Criminal Procedure are yet to be supplied to the present petitioner.

Having regard to the fact that the said documents are yet to be supplied to the petitioner, I am of the view that the petitioner has approached this Court at a premature stage. Petitioner would be at liberty to take out an appropriate application in the nature of section 239 of the Code of Criminal Procedure before the jurisdictional Court, if so advised, prior to the charges being

considered by the jurisdictional Court. The jurisdictional Court would dispose of the said application in accordance with law without being influenced by any observations made by this Court while disposing of the present application.

With the aforesaid observations, CRR 2197 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. (Tirthankar Ghosh, J.)