Dr Alip Kumar Saha And ORS v. State Of West Bengal And ANR

16.03.2023 Ct. No.34 S/L No.27 KS C.R.R. 2438 of 2021 Dr. Alip Kumar Saha & Ors.

-Vs.- The State of West Bengal & Anr.

Mr. Shatarup Purokayastha Ms. Jagriti Bhattacharya .....For the Petitioner Mr. Saswata Gopal Mukherjee, Ld. P.P.

Mr. Rudradipta Nandy Mrs. Manisha Sharma .....For the State The present revisional application has been preferred challenging the proceedings of Kalna Police Station Case No.720/20 dated 18.11.2020 under Sections 498A/ 323/ 34 of the Indian Penal Code. Record of the revisional application reflects that the petitioners approached this Court immediately at the stage of submission of the charge-sheet based on the foundation that the same complainant has earlier filed a case being, Bardhaman Sadar Police Station Case No.308/2019 dated 19.08.2019.

Having regard to the stage at which the petitioners approached the Court on the foundation of testing the veracity regarding the truth or falsity of the allegations by comparing the two First Information Reports, I am of the opinion that the same cannot be the subject-matter, at this stage. The petitioners are yet to receive documents under Section 207 of the Code of Criminal Procedure. Petitioners would be at liberty

to canvass the points at the stage of consideration of charges, if so advised.

With the above observations, C.R.R. 2438 of 2021 is disposed of. Pending applications, if any, are consequently disposed of. All parties are directed to act on the server copy of this order downloaded from the official website of this Hon'ble Court. (Tirthankar Ghosh, J.)