Baban Ghosh v. State Of West Bengal And ANR

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction 28-06-2023 Subha Item no. 19 Ct no.34 CRR 2326 of 2023 Baban Ghosh -versus- The State of West Bengal & Anr.

Mr. Subhabrata Chowdhury ....for the petitioner.

Mr. Rudradipta Nandy, ld. APP Mrs. Sonali Das ...for the State.

Petitioner is directed to serve a copy of the revisional application upon Mr. Rudradipta Nandy, learned Additional Public Prosecutor who ordinarily appears on behalf of the State. His appointment may be regularized by the concerned Authorities in due course.

The subject matter of challenge in the present revisional application relates to the chargesheet filed in connection with Sarsuna Police Station P. S. Case No. 11 dated 25.01.2019 which is pending before the learned Additional Chief Judicial Magistrat, Alipore.

Learned advocate for the petitioner submits that although he has received copy of the chargesheet under Section 173 of the Code of Criminal Procedure, but the documents on which the chargesheet has been prepared are yet to be served to the petitioner. Accordingly, the petitioner is granted liberty to take out an application in the nature of Section 239 Cr.PC before the

learned jurisdictional court after receipt of the documents under Section 207 of the Code of Criminal Procedure. The learned trial court would consider the said application in accordance with law without being influenced by any observations made by this court while disposing of the revisional application. With the aforesaid observations, the present revisional application being CRR 2326 of 2023 is disposed of. Pending applications, if any, are consequently disposed of. All concerned parties are to act in terms of a copy of this order duly downloaded from the official website of this court. [Tirthankar Ghosh, J]