Tarakeshwara Rao Bonga And Others v. State Of West Bengal And ANR

July 17, 2023 AD - 24 Ct. 34 SG CRR 2574 of 2023 Tarakeshwara Rao Bonga and others -versus- State of West Bengal and another Mr. Ashraf Ali ... for the petitioners.

Mr. Arijit Ganguly Mr. Sanjib Kumr Dan ... for the State.

Petitioners are directed to serve a copy of the revisional application upon Mr. Dan, learned advocate, who ordinarily appears on behalf of the State. His appointment may be regularised by the concerned authorities. Petitioners have preferred application challenging the continuance of the proceedings arising out of Kharagpur (Town) Police Station Case No.208/2020 dated 01.06.2020 under Sections 419/420/323/506/34 of IPC.

Learned advocate for the petitioners submits that the petitioners have been exonerated in the departmental proceedings and the disciplinary authority has disbelieved the inquiry report submitted against him.

According to the petitioners, the same is a good ground of interference by this Court.

Learned advocate for the petitioners also submits that the list of witnesses in the criminal case and those who are in the departmental proceedings are one and the same and

in spite of that the police authorities submitted chargesheet. I have considered the contentions advanced in the present revisional application as well as the stage of the case. In this case, charge was framed on March, 2021 and the evidence has already commenced. Petitioners have already participated in the cross-examination. Having regard to the stage of the case, I am not inclined to interfere with the proceedings pending before the learned trial court.

Petitioners would be at liberty to canvass the points which have been advanced in the present revisional application in course of the trial and at the stage of final argument of the case.

With the aforesaid observations, CRR 2574 of 2023 is disposed of.

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. Urgent certified copy of this order, if applied for, be made available to the parties upon compliance of such requisite formalities.

( Tirthankar Ghosh, J. )