Arun Kumar Chakraborty@ Arun Chakraborty v. State Of West Bengal And ANR

30.08.2023 Serial no. 4 [G.S.D] CRR 2637 of 2023 In the matter of : Arun Kumar Chakraborty @ Arun Chakraborty ... ... Petitioner Mr. Arindam Jana Ms. S. Chatterjee ... For the Petitioner Ms. Baisali Basu ... for the State The petitioner is directed to serve a copy of this revisional application upon Ms. Baisali Basu, Learned Advocate, who ordinarily appears on behalf of the State. Her appearance may be regularised by the concerned authority. Mr. Jana, Learned Advocate, appearing for the petitioner, submits that the case originates from a dispute amongst the brothers and the sisters. Initially, the relationship was stable but, subsequently, one of the sisters, at the instance of his son, initiated the present case. So far as the sale proceeds are concerned, it is submitted that there are materials with the present petitioner.

However, the petitioner intends to take out an application under Section 239 of the Code of Criminal

Procedure with the document under Section 207 of the Code of Criminal Procedure before the jurisdictional Court. Having regard to the submissions so advanced, I am of the view that after such application in the nature of Section 239 of the Cr.P.C. is preferred before the jurisdictional Court, the Learned Court would consider the complicity of the present petitioner in accordance with law without being influenced by any of the observations made by this Court while disposing of the present revisional application.

With the above observations, CRR 2637 of 2023 is disposed of.

Pending application, if any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court at Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)