Debdas Pratihar & ANR. v. State

C.R.R 2504 of 2004 D/L 74 August 23, Bpg.

In Re: An application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973;

Debdas Pratihar and another

Versus

State of West Bengal Mr. Arijit Ganguly, Ms. Debjani Sahu.

...for the State.

The revisional application was preferred challenging the order dated 4.09.2004 passed by the learned Additional Sessions Judge, 4th Court, Paschim Midnapore in S.T.

Case No.XXXVI/Sep/99 arising out of Kotwali Police Station Case No.46/98 dated 14.02.98 under Sections 323/341/34/304 of the Indian Penal Code.

The grievance of the petitioners was regarding their discharge prayer being refused by the learned trial court. As none appears on behalf of the State, Ms. Debjani Sahu, learned advocate, who ordinarily appears on behalf of the State, is directed to represent the State. Her appearance may be regularised by the concerned authorities.

Having regard to the fact that the revisional application is yet to be admitted and is pending for more than 18 years and the trial court arrived at its opinion that a prima facie case under Section 304/(Part-I) of the Indian Penal Code was made out against the petitioners, I am of the opinion that the revisional application do

not call for any interference at this belated stage. Accordingly, CRR 2504 of 2004 is dismissed.

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. (Tirthankar Ghosh, J.)