Rabindra Kumar Sinha v. State Of West Bengal & ANR

C.R.R. 2273 of 2008 With CRAN 1 of 2009 (Old CRAN 586 of 2009) D/L53 August 3, Bpg.

In Re: An application under Section 482 of Code of Criminal Procedure, 1973;

Rabindra Kumar Sinha

Versus

The State of West Bengal and another Mr. Milon Mukherjee, Mr. Rahul Ganguly, Mr. Dattatreya Dutta.

...for the petitioner.

Mr. Saswata Gopal Mukherjee, Ld.P.P., Mr. Imran Ali, Ms. Debjani Sahu.

...for the State.

The present revisional application was preferred challenging DEBGR Case No.01/2008 pending before the learned Additional Chief Judicial Magistrate, Asansol arising out of Hirapur Police Station Case no.13/2008 dated 17.1.2008 under Section 7(1)(a)(ii) of the Essential Commodities Act, 1955. Record reflects that there was an interim order till disposal of the revisional application.

Mr. Mukherjee, learned senior advocate, appears for the petitioner.

Ms. Debjani Sahu, learned advocate, appears on behalf of the State.

Having regard to the contentions advanced in the

revisional application, I am of the opinion that the same is premature and involves mixed questions of facts and law which can be considered by the learned trial court at the appropriate stage. Accordingly, the petitioner is granted liberty to canvass all the points in the revisional application at the appropriate stage of the proceedings before the learned trial court.

With the aforesaid observations, CRR 2273 of 2008 is disposed of.

Pending application, if any, is consequently disposed of. Interim order, if any, is hereby vacated.

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