Chittaranjan Saha v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction 20-07-2023 Subha Item no. 22 Ct no.34 CRR 2625 of 2023 Chittaranjan Saha -versus- State of West Bengal and Ors.

Mr. Lakshminath Bhattacharyya Ms. Mousumi Ranjan Das Mr. Rajib Kumar Acharya Mr. Banshi Bodan Maity ....for the petitioner.

Mr. Md. Anwar Hossain Mrs. Manisha Sharma .....for the State.

Learned advocate for the petitioner is directed to serve a copy of the revisional application upon Mr. Md. Anwar Hossain, learned advocate, who ordinarily appears before this court on behalf of the State. His appearance may be regularized by the concerned Authorities in due course.

The present revisional application has been taken out by the de facto complainant who is aggrieved of not being afforded an opportunity for preferring a naraji petition/protest petition in connection with Manicktala P. S. Case No. 267 of 2022 dated 12.11.2022.

The grievance of the petitioner is that he is aggrieved of the investigation and its report and has been pursuing the same in spite of that the Investigating Authorities having submitted a chargesheet without collecting proper documentary evidence as well

as oral evidence/statement of witnesses being recorded. The next date as it reveals from the record is on 18th November, 2023. Petitioner as the de facto complainant will exercise his right by preferring an application under Section 173(8) of the Code of Criminal Procedure before the learned Additional Chief Judicial Magistrate, Sealdah, South 24 Parganas on the date so fixed. The learned A.C.J.M, Sealdah after affording an opportunity to the respective parties would complete the hearing of the application under Section 173(8) of the Code of Criminal Procedure within 60 days from the date of filing of such application. With the aforesaid observations, the revisional application being CRR 2625 of 2023 is disposed of.

Pending applications, if any, are consequently disposed of. All concerned parties are to act in terms of a copy of this order duly downloaded from the official website of this court. [Tirthankar Ghosh, J]