M/S Retail Fixtures Furnitures Pvt Ltd & ORS v. State Of West Bengal & ANR

30.09.2021 sb CRR 2715 of 2011 (Via video conference) In the matter of : M/s. Retail Fixtures Furnitures Pvt. Ltd. & ors.

.....Petitioners Ms. Devipriya Mitra ...for the opposite party no. 2 Mr. S.S.Imam Mr. S. Kundu ....for the State The revisional application was preferred challenging the proceedings arising out of complaint case no. 265 of 2011 under Sections 420, 406, 120B of the Indian Penal Code pending before the learned Judicial Magistrate, 5th Court, Alipore. The revisional application was preferred at a stage when initial process was issued by the learned Magistrate on appreciation of the materials which appeared in the complaint as also on examination of the complainant and his witnesses. Having regard to the nature of the allegations made in the petition of complaint and the stage at which the petitioner approached this court, I am of the view that the complainant must be afforded an opportunity to adduce the evidence before charge. Consequently, no interference is required at this stage. Accordingly, CRR 2715 of 2011 is dismissed.

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

A report was submitted by learned advocate for the State, let it be kept with record. The certified copy submitted by Ms. Mitra, learned advocate for the opposite party no. 2 be kept with the record.

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