Mayank Shaw @ Munna And Others v. State Of West Bengal And ANR

Item 21.05.

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION No.

APPELLATE SIDE Ct 22 CRR 3182 of 2024 rup Mayank Shaw @ Munna & Ors.

Vs.

The State of West Bengal & Anr.

Mr. Partha Sarathi Das, Mr. Kaushik Biswas, Ms. Shanta Sarkar. ... for the petitioners. Ms. Baisali Basu, Ms. Trisha Rakshit. ... for the State. Mr. Somnath Gangopadhyay, Ms. Ritoprita Ghosh. ... for the O.P. No.2.

1. This revisional application has been filed with a prayer for quashing of the proceeding in connection A.C.G.R. No. 859 of 2022 corresponding to Parnasree Police Station Case No. 66 of 2022 dated 03.03.2022 under Sections 498A/ 406/ 34 of the Indian Penal Code, read with Sections 3/4 of the Dowry Prohibition Act.

2. The case was initiated at Parnasree Police Station on receipt of a complaint dated 24 February, 2022 lodged by the de facto complainant/opposite party No.2. After investigation of the case, chargesheet was filed after taking cognizance of the offence. Learned Chief Judicial Magistrate, Alipore transferred the case to the Court of Learned Magistrate, 9th Court, Alipore for disposal. Thereafter, the Learned Magistrate fixed a

date for hearing.

3. Heard learned counsel on behalf of the parties to this revisional application.

4. I have gone though the written complaint, which had put the law in motion initially and I have also gone through the statement recorded under Section 161 of the Code of Criminal Procedure.

5. At this stage, learned counsel appearing on behalf of the petitioner has prayed for necessary liberty to raise all the issues at the time of consideration of charge by the Learned Magistrate.

6. Having considered the prayer advanced on behalf of the petitioner, let the revisional application stand disposed of with liberty to raise all the issues taken in this revisional application, before the Learned Magistrate at the time of consideration of charge and Learned Magistrate shall decide the issues strictly in compliance with the provisions of law without getting influenced in any manner whatsoever.

7. With the aforesaid observation, the revisional application stands disposed of.

8. Urgent photostat certified copy of the order, if applied for, be given to the parties on usual undertakings. 9.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Bibhas Ranjan De, J.)