Blueclif Apparels India Pvt Ltd And ANR v. State Of West Bengal And ANR

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction 11-08-2023 Subha D/L 13 Ct no.34 CRR 2883 of 2023 Bluecllif Apparels India Pvt. Ltd. & Anr.

-versus- The State of West Bengal & Anr.

Mr. Moyukh Mukherjee Mr. Abhishek Dutt Ms. Rupa Singh ....for the petitioners.

Mr. Arijit Ganguly Mr. Sanjib Kumar Dan ...for the State.

Petitioners are directed to serve a copy of the revisional application upon Mr. Sanjib Kumar Dan, learned advocate who ordinarily appears on behalf of the State. His appointment may be regularized by the concerned Authorities in due course. The subject matter of challenge relates to Muchipara P. S. Case No. 220 of 2021 dated 03.11.2021 under Section 406/120B of the Indian Penal Code.

Learned advocate appearing for the petitioners submits that the facts of the case has its genesis in a commercial transaction wherein orders were placed to the tune of Rs.50 lakhs. However, because of the business disputes, the supply could not be effected and the complainant initiated the present criminal case. Record of this revisional application reflects that the petitioners approached the jurisdictional court under Section 438 of the Code of Criminal Procedure but did not press the said

application. Warrant of arrest is pending against the present petitioners. The case was instituted in the year 2021. At this belated stage where investigation of this type is expected to proceed to a matured stage, I am of the opinion that no interference can be made by this court at this stage. However, the petitioners would be at liberty to canvass the points with the Investigating Officer of the case, if he is of the opinion that there are materials in his custody which must be considered by the Investigating Officer before submission of the report under Section 173 of the Code of Criminal Procedure.

With the aforesaid observations, the present criminal revisional application being CRR 2883 of 2023 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]