Suchitra Biswas And ORS v. State Of West Bengal And ANR

20.06.2023

IN THE HIGH COURT AT CALCUTTA

Item No.63 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 2938 of 2022 In the matter of : Suchitra Biswas & Ors.

... Petitioners.

Mr. Pronojit Roy ... For the Petitioners.

Mr. Tanmay Kumar Ghosh, Ms. Sujata Das ... For the State.

Learned advocate for the petitioners is directed to serve a copy of this revisional application upon Ms. Sujata Das, learned advocate, who ordinarily appears for the State. Her appointment may be regularised by the concerned authorities.

Learned advocate appearing for the petitioners submits that the present case has been initiated as a counterblast to Dhantala Police Station Case No. 339 of 2022 dated 24.05.2022. Learned advocate submits that one of the petitioners happens to be juvenile and all of them have been falsely implicated in the instant case.

Records of the present revisional application reflect that investigation of the case is in progress. I have considered the submissions and I find that apart from the implication of the petitioners in the FIR, there are allegations regarding assault with iron rod. The same are question of facts to assess regarding the truth or falsity of the same would be exceeding the authority of this Court at this stage.

So far as the issue regarding the juvenility is concerned, the petitioners would be at liberty to canvass the

points at the earliest before the learned Additional Chief Judicial Magistrate, Ranaghat, Nadia.

So far as the other points are concerned, the petitioners would be at liberty to approach this Court at the appropriate stage after the report under Section 173 of the Code of Criminal Procedure is filed before the jurisdictional court and the documents under Section 207 of the Code of Criminal Procedure are handed over to the persons who have been implicated in the charge-sheet, if any.

Needless to state that this Court has never passed a direction to file a charge-sheet by the investigating agency. The investigating agency will independently arrive at its findings without being influenced by any observations made by this Court.

With the aforesaid observations, the revisional application being CRR 2938 of 2022 is disposed of. Pending connected application, if any, is consequently disposed of.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

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

(Tirthankar Ghosh, J.)