Swaraj Kumar Ghosh & ORS v. State Of West Bengal & ANR

04.04.2022

IN THE HIGH COURT AT CALCUTTA

Item No.65 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 2598 of 2017 with CRAN 1 of 2018 (Old No. CRAN 3436 of 2018) Swaraj Kumar Ghosh & Ors.

versus The State of West Bengal & Anr.

In Re: An Application under Section 482 of the Code of Criminal Procedure, 1973 filed in connection with G.R. Case No. 1911 of 2016 arising out of Balagarh Police Station Case No.

183/2016 dated 16.09.2016 under Sections 341/323/427/504/506/34 of the Indian Penal Code. Mr. Malay Bhattacharyya, Ms. Sudipa Sengupta ... For the Petitioners.

Mr. Imran Ali, Ms. Debjani Sahu ... For the State.

This revisional application has been preferred challenging the continuation of the proceedings on the ground that the allegations made against the present petitioners are absurd and improbable. Additionally, it has been submitted that the petitioners are closely related to the complainant and the complainant in order to settle scores has implicated the present petitioners and as such, the proceedings against the present petitioners should be quashed.

Mr. Imran Ali, learned advocate appearing for the State produces the case diary and draws the attention of this Court to the statements of different witnesses as also the complainant.

I have considered the submissions so advanced on behalf of the petitioners and having regard to the fact that the petitioners approached this Court at a stage when the chargesheet was submitted and the documents under Section 207 of the Code of Criminal Procedure were not supplied to the accused persons; the stage is a premature one and as such, cannot be interfered at this stage. However, the petitioners would be at liberty to agitate the points canvassed in this revisional application at the appropriate stage of the proceedings.

With the aforesaid observations, the revisional application being CRR 2598 of 2017 is disposed of. Interim order, if any, is hereby vacated.

All pending connected applications, if any, are consequently disposed of.

All 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.)