Mirza Saifuddin And ANR v. State Of West Bengal And ANR

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction 10-02-2023 Subha Item no.07 Ct no.34 CRR 2376 of 2021 Mirza Saifuddin & Ors.

-versus- The State of West Bengal & Anr.

Re : An application under Sections 482 & 402 of the Code of Criminal Procedure. Mr. Saibal Bapuli, ld APP, Mr. Arijit Ganguly Mr. Sanjib Kumar Dan ...for the State.

The revisional application was filed challenging the FIR of Belghoria P. S. Case No.704 of 2021 dated 08.10.2021 under Sections 498A/323/406/448/120(B)/506/34 of the Indian Penal Code. The petitioners also challenged the continuation made in the application under Section 156(3) of the Code of Criminal Procedure which was treated to be the first information report of the said case. Today a status report has been submitted before this court which reflects that chargesheet has been submitted before the jurisdictional court which is dated 30.04.2022 and the same was made available to the court on 23.06.2022. The status report be kept with the record.

Having considered the fact that there has been change of circumstances since the revisional application was preferred before this court, I direct that the petitioners would be at liberty to take up the points canvassed in the present revisional application at the stage of Sections 239/240 of the Code of Criminal Procedure after

prosecution papers(under Section 207 Cr.P.C are made avilable to the petitioners). No interference is called for at this stage by this court in view of the change of circumstances.

With the aforesaid observations, the present revisional application being CRR 2376 of 2021 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]