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Calcutta High CourtCRR/2383/2018disposed

Dula Mitra (Halder) & ORS. v. State Of West Bengal & ANR.

2022-02-21Hon'Ble Justice Tirthankar Ghosh2 pages

C.R.R. No.2383 of 2018 (Via Video Conference) D/L32 February 21, 2022 Bpg.

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

Dula Mitra (Halder) & Ors.

Versus

The State of West Bengal & Anr.

Ms. Sujata Das.

...for the State.

The present revisional application has been preferred challenging the charge-sheet filed in connection with Durgapur Police Station Case No.619 of 2017 dated 24.10.2017 under Sections 448/323/354/34 of the Indian Penal Code presently pending before the learned Judicial Magistrate, 3rd Court, Durgapur, District-Burdwan.

The petitioners approached this Court at a stage when the charge-sheet was submitted. None of the documents relied upon by the prosecution under Section 207 of the Code of Criminal Procedure has been enclosed along with the revisional application for proper appreciation of this Court regarding the merits of the matter.

Earlier report was called for from the concerned Officerin-Charge of Durgapur Police Station. Ms. Sujata Das, learned advocate appearing for the State has submitted a report of the concerned Officer-in-Charge of Durgapur Police Station, which reflects that the next date is fixed

on 14.09.2022 for consideration of charge.

Let the report be kept with the record.

Having regard to the change of circumstances and the fact that the petitioners approached this Court at a premature stage, I am of the opinion that no interference can be made. However, the petitioners would be at liberty to canvass the points raised in the revisional application at the stage of consideration of charge before the learned Magistrate by way of preferring an application under Section 239 of the Code of Criminal Procedure. With the aforesaid observations, CRR 2383 of 2018 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.)