Sidhartha Saha & ORS v. State Of West Bengal & ANR

Sr. 05 25-06-2021 Subha.

Court no. 34

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE ( Via Video Conference ) CRR 1475 of 2014 with IA NO CRAN 1 of 2014(Old No. CRAN 3130/2014) In Re : Sri Sidhartha Saha & Ors.

........Petitioners.

In the matter of : An application under Section 482 of the Code of Criminal Procedure.

Mr. Abhra Mukherjee Mr. Souradeep Dutta ...for the petitioners.

Mr. Arijit Ganguly Mr. Sandip Chakraborty ....for the State.

Pursuant to the order dated 23rd June, 2021 passed by this court, learned advocate for the State submits a report before this court prepared by an officer of the Rabindranagar Police Station which reflects that there was a charge-sheet submitted on 21st February, 2014 and a supplementary charge-sheet filed on 22nd July, 2014. Let the report along with the Photostat copy of the case diary so submitted by the learned advocate appearing for the State be kept with record.

Mr. Mukherjee, learned advocate appearing for the petitioners submits that the present case was filed challenging the charge-sheet which was submitted on 21st February, 2014 and there are no instructions that a supplementary chargesheet had been filed in connection with the instant case. That being the present position, I am of the view that the petitioners are yet to receive the copies under Section 207 of the Code of Criminal Procedure on which the prosecution proposes to rely to prove its case. Having regard to the same, I am of the view that the present revisional application can be disposed of with a direction that the present petitioners will be at liberty to agitate the points canvassed in the revisional application in the court below at the stage of the consideration of charge. Needless to state that the learned court will independently consider the grievance of the petitioners without being influenced by any observations made by this court. Accordingly, the revisional application being CRR 1475 of 2014 is dismissed.

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

Interim orders, if any, are hereby vacated.

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