Calcutta High CourtCRR/2392/2022disposed

Konaj Sarkar v. State Of West Bengal And ANR

2023-06-05Hon'Ble Justice Tirthankar Ghosh2 pages

05.06.2023

IN THE HIGH COURT AT CALCUTTA

Item No.44 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 2392 of 2022 Konaj Sarkar versus State of West Bengal & Anr.

In Re: An Application under Section 401 read with Section 482 of the Code of Criminal Procedure.

Mr. Sk. Jahadar Alam, Mr. Ramashis Mukherjee ... For the Petitioner.

Mr. S. G. Mukherjee, Ld. P.P., Mr. Koushik Kundu ... For the State.

The subject-matter of the present revisional application relates to a challenge in respect of the charge-sheet submitted in connection with Ranibandh Police Station Case No. 41 of 2019 dated 25.10.2019 which is pending before the learned Judicial Magistrate at Khatra, Bankura. Mr. Mukherjee, learned Public Prosecutor along with Mr. Kundu, learned advocate appears for the State. A copy of this revisional application may be served upon the learned Public Prosecutor.

I have considered the nature of the allegations in the report under Section 173 of the Code of Criminal Procedure wherein there are allegations of impersonation of the Block Development Officer. At this stage, when the charge-sheet has already been submitted and the documents under Section 207 of the Code of Criminal Procedure have not been served upon the present petitioner, I am not inclined to interfere in respect of the merits of the case as prima facie case has been made out. However, the petitioner would be at

liberty to canvass such points, which have been agitated in the present revisional application, at the stage of Section 239 of the Code of Criminal Procedure, if so advised. With the aforesaid observations, the revisional application being CRR 2392 of 2022 is disposed of. Pending connected 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 photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)