Vikki Kumar v. State Of West Bengal

21.08.2023

IN THE HIGH COURT AT CALCUTTA

Item No.12 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 3146 of 2022 In the matter of : Vikki Kumar ... Petitioner.

Mr. Ranjit Singh ... For the Petitioner.

Md. Anwar Hossain, Ms. Ratna Ghosh ... For the State.

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

The petitioner challenges the continuance of Bally Police Station Case No. 232 of 2021 dated 05.10.2021 under Sections 399/402 of the Indian Penal Code.

Learned advocate for the petitioner submits that pursuant to the investigation commencing, charge-sheet has been submitted under the same Sections before the learned Chief Judicial Magistrate, Howrah.

The petitioner in this revisional application has enclosed FIR and the charge-sheet, but according to him, the documents under Section 207 of the Code of Criminal Procedure are yet to be received.

Having regard to the stage at which the petitioner approached this Court particularly, with regard to the foundation of the charge-sheet being submitted, I am of the view that this revisional application is premature.

The petitioner would be at liberty to pray for discharge at the appropriate stage before the learned trial court after receipt of the copies under Section 207 of the Code of Criminal Procedure.

Needless to state that if such an application is taken out by the petitioner, the learned trial court would dispose of the same at the earliest without being influenced by any observations made by this Court.

With the aforesaid observations, the revisional application being CRR 3146 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.)