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Calcutta High CourtCRR/1957/2021disposed

Babu Bhattacharya @ Babu Bhattacharjee v. State Of West Bengal And ANR.

2022-11-30Hon'Ble Justice Tirthankar Ghosh2 pages

C.R.R.1957 of 2021 D/L25 30.11.2022 Bpg.

In Re: An application under Section 482 of the Code of Criminal Procedure;

Sri Babu Bhattacharya alias Babu Bhattacharjee

Versus

The State of West Bengal and another Mr. Angshuman Chakraborty.

...for the petitioner.

Mr. Pravas Bhattacharya, Ms. Debjani Sahu.

...for the State.

Ms. Sulagna Sen.

...for the opposite party no.2.

The present revisional application has been prayed for quashing of Howrah GRP Police Station Case No.42 of 2021 dated 28.08.2021. In connection with the said case, charge-sheet has already been submitted before the jurisdictional court. Mr. Chakraborty, learned advocate appearing for the petitioner submits that the petitioner was injured pursuant to assault inflicted by the opposite party no.2. There is a separate case for the same being Howrah GRP Police Station Case No.41 of 2021. There are injury reports in both the cases. Both are working at the Railways and the medical documents are of the Railway doctor.

In view of the injury reports available and the statements under Section 161 of the Code of Criminal Procedure corroborating such injuries, I do not find that this is a fit case to interfere at this

stage. The petitioner would be at liberty to canvass the points advanced in the present revisional application at the appropriate stage before the learned Magistrate.

Case diary be returned to Mr. Bhattacharya, learned advocate appearing for the State.

With the aforesaid observations, CRR 1957 of 2021 is disposed of.

Needless to state that any observations made by this Court is for the limited purpose of disposing of the present revisional application and the learned Magistrate at the subsequent stages would independently arrive at his own finding without being influenced by any observations made by this Court. 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 photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)