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Calcutta High CourtCRR/2063/2021disposed

Jiban Krishna Saha And ORS v. State Of West Bengal And ANR

2022-09-27Hon'Ble Justice Tirthankar Ghosh2 pages

C.R.R. No.2063 of 2021 D/L91 27.09.2022 Bpg.

In Re: A criminal revision petition u/s 482 of the Code of Criminal Procedure, 1973;

Jiban Krishna Saha and others

Versus

State of West Bengal and another Mr. Imran Ali, Ms. Debjani Sahu.

...for the State.

Mr. Parikshit Basu, Mr. Rajnil Mukherjee.

...for the opposite party no.2.

The subject matter of the revisional application relates to quashing of the proceedings arising out of Dum Dum Police Station Case No.713 of 2021 under Sections 341/323/325/354/506/ 420/34 of the Indian Penal Code, 1860.

Ms. Debjani Sahu, learned advocate appearing for the State submits that during pendency of the revisional application, charge-sheet has already been submitted before the jurisdictional court and the same were under Sections 341/323/354/506/ 420/34 of the Indian Penal Code.

Having regard to the fact that charge-sheet has already been submitted before the jurisdictional court and the revisional application was preferred at a nascent stage and the petitioners are not in possession of all the documents which the prosecution intends to rely upon to prove under Section 207 of the Code of Criminal Procedure, I am of the opinion that the present revisional application is premature. As such, no interference is called for by

this Court at this stage.

The petitioners would be at liberty to canvass the points agitated in the present revisional application at the stage of consideration of charges before the learned trial court on receipt of the copies under Section 207 of the Code of Criminal Procedure. Accordingly, CRR 2063 of 2021 is disposed of with the aforesaid directions.

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. (Tirthankar Ghosh, J.)