Suman Kumar Barai And Others v. State Of West Bengal And ANR

30.09.2024 Item No. 7 SG

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION C.R.R. No. 3421 of 2024 In the matter of : Suman Kumar Barai and Ors. .....petitioners Mr. Debasish Chattopadhyay Mr. Tirthankar Basu ....for the petitioners

1. Order dated 09.07.2024 dismissing the discharge petition has been assailed. Allegations in the charge sheet show, on 29.05.2023 petitioners had come in a body and physically assaulted the victim-opposite party no.2. Her statement before police is corroborated by medical report.

2. It is contended there is a contradiction with regard to the date of the incident. Erroneous date stated in the body of the charge sheet would not erode the credibility of the injured witness who has consistently stated incident occurred on 29.05.2023.

3. Given this situation, I am of the opinion no interference is called for. It is open to the petitioners to canvass his defence at the appropriate stage of the proceeding in accordance with law.

4. Accordingly, CRR 3421 of 2024 is disposed of. (Joymalya Bagchi, J.)