Alim Shah @ Abdul Alim Shah And Others v. State Of West Bengal And ANR

14.07.2023

IN THE HIGH COURT AT CALCUTTA

Item No.4 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 2533 of 2023 In the matter of : Alim Shah @ Abdul Alim Shah & Ors. ... Petitioners.

Mr. S. G. Mukherjee, Ld. P.P., Md. Anwar Hossain, Ms. Debjani Sahu ... For the State.

None appears for the petitioners.

Mr. Anwar Hossain, learned advocate, who ordinarily appears for the State, is directed to represent the State. His appointment may be regularised by the concerned authorities.

I have considered the contentions advanced in the present revisional application which is a challenge in respect of the charge-sheet submitted in connection with Diamond Harbour Police Station Case No. 386 dated 07.07.2013. Records reflect that charge-sheet was submitted in the year 2014 under Sections 448/325/326/308/379/506/34 of the Indian Penal Code. The enclosure in the present revisional application is only the charge-sheet and none of the documents under Section 207 of the Code of Criminal Procedure has been enclosed nor any of the ordersheets reflecting the stage of the case before the learned trial court. Having regard to the fact that the records indicate that the case has been committed to the court of sessions, I am of the opinion that no interference can be made so far as the prayer relating to quashing is concerned. As such, prayer for quashing is refused.

The petitioners are granted liberty to take up all the points at the appropriate stage of the trial and during the final arguments of the case.

With the aforesaid observations, the revisional application being CRR 2533 of 2023 is disposed of. Pending connected application, if any, is consequently disposed of.

All concerned 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 with all requisite formalities.

(Tirthankar Ghosh, J.)