Jay Kishan Singh v. State Of West Bengal And ANR

23.06.2023

IN THE HIGH COURT AT CALCUTTA

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

C.R.R. 2263 of 2023 In the matter of : Jay Kishan Singh ... Petitioner.

Mr. Amit Singh, Mr. Debayan Bagchi ... For the Petitioner.

Mr. Tanmay Kumar Ghosh, Mr. Mirza Firoj Ahmed Begg ... For the State.

Learned advocate appearing for the petitioner is directed to serve a copy of this revisional application upon Mr. Tanmay Kumar Ghosh, learned advocate, who ordinarily appears for the State. His appointment may be regularised by the concerned authorities.

The petitioner is aggrieved by the continuance of Jagaddal Police Station Case No. 475 of 2020 dated 31.07.2020 wherein charge-sheet was submitted under Sections 34/323/354/506 of the Indian Penal Code. The subject-matter of the present revisional application relates to challenge of the continuance of the proceedings in respect of the charge-sheet which has been submitted. I do not find that at this stage, the petitioner is equipped with the documents on which the prosecution has relied upon to place its charges.

Learned advocate for the petitioner submits that the petitioner is yet to receive the documents under Section 207 of the Code of Criminal Procedure.

Accordingly, the petitioner is granted liberty to prefer application under Section 239 of the Code of Criminal

Procedure before the learned Magistrate at the appropriate stage after receiving the documents under Section 207 of the Code of Criminal Procedure. Learned Magistrate would dispose of the same in accordance with law without being influenced by any observations made by this Court while disposing of the present revisional application. The present application being premature is not interfered with.

With the aforesaid observations, the revisional application being CRR 2263 of 2023 is disposed of. Pending connected application, if any, is consequently disposed of.

All concerned 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.)