Somnath Ghosh v. State Of West Bengal

27.07.2023 SL.277 Ct no.34 Saswata CRR 2720 of 2023 In Re:- An application under Section 482 read with Section 401 of the Cr.P.C.

In the matter of : Somnath Ghosh ... petitioner Dr. Arka Pratim Chowdhury Ms. Shreya Chakraborty ...For the petitioner Mr. Anwar Hossain Ms. Manisha Sharma ...For the State

1. The petitioner is directed to serve a copy of the revisional application upon Ms. Manisha Sharma, learned advocate who ordinarily appears for the State. Her appointment may be regularized by the concerned authorities.

2. The enclosure to the revisional application reflect that charge sheet has been submitted under Sections 448/323 and Sections 24/25 of the Maintenance and Welfare of Parents and Senior Citizens Act.

3. Learned advocate for the petitioner submits that he is yet to receive document under Section 207 of the Cr.P.C.

4. Having considered the allegations in the charge sheet, I am of the opinion that the revisional application has been preferred at a premature stage.

5. The petitioner is granted liberty to prefer an application under Section 239 of the Cr.P.C. after receipt of the document under Section 207 before the Learned Magistrate. The Learned Magistrate would dispose of the said application under Section 239 of the Cr.P.C. in accordance with law without being influenced by any of the observations made by this Court.

6. With the above observations, the revisional application being CRR 2720 of 2023 is accordingly disposed of.

7. Pending application, if any, is also disposed of.

8. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court at Calcutta. (Tirthankar Ghosh, J.)