Anjana Das @ Ghosh And Others v. State Of West Bengal And ANR
07.08.2023 Serial no. 5 [G.S.D] CRR 3279 of 2022 In the matter of : Anjana Das @ Ghosh & Ors. ... ... Petitioners Mr. Gazi Faruque Hossain Ms. Priyanka Mondal ... For the Petitioners Mr. Tanmoy Ghosh Mr. Mirza Firoj Ahmed Begg ... For the State The petitioner is directed to serve a copy of this revisional application upon Mr. Mirza Firoj Ahmed Begg, Learned Advocate, who ordinarily appears on behalf of the State. His appearance may be regularised by the concerned authority.
The petitioner has preferred the instant revisional application challenging the charge-sheet which was so submitted in Connection with Chanditala P.S. Case No. 304 of 2019 under Sections 448/341/323/354/325/504/34 of the IPC, which was filed before the Learned ACJM, Hooghly. I find from the revisional application that only the report under Section 173 of the Cr.P.C. has been enclosed, without relying upon the documents under Section 207 of the Code of Criminal Procedure.
Having regard to the same, I am of the opinion that this revisional application was preferred at a premature stage.
Accordingly, the petitioner is granted liberty to take up the issue canvassed in the revisional application at the stage of Section 239 of the Cr.P.C. before the Learned Jurisdictional Court.
The Learned Trial Court would consider the discharge application in accordance with law without being influenced by any of the observations made by this Court. With the aforesaid observations, CRR 3279 of 2022 is disposed of.
Pending application, if any, is also disposed of. Parties to act on a server copy of this order, duly collected from the official website of the Hon'ble High Court, Calcutta.
Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.
(Tirthankar Ghosh, J.)