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Calcutta High CourtCRR/3133/2023disposed

Mangal Mondal And Others v. State Of West Bengal And ORS.

2023-08-28Hon'Ble Justice Tirthankar Ghosh3 pages

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction 28-08-2023 Subha Item no. 14 Ct no.34 CRR 3133 of 2023 Mangal Mondal and Ors.

-versus- State of West Bengal and Anr.

Ms. Priyanka Chatterjee ....for the petitioners.

Mrs. Baisali Basu ...for the State.

Petitioners are directed to serve a copy of the revisional application upon Mrs. Baisali Basu, learned advocate, who ordinarily appears on behalf of the State. Her appointment may be regularized by the concerned Authorities in due course. Learned advocate for the petitioners has drawn the attention of this court to the medical report and submitted that 81 year aged lady after having suffered in civil court has initiated the instant case.

The present is a case, which is a counter-blast to the outcome of the civil proceedings. The opposite party nos. 2,3 and 4 have been thrown out from the residence and have been made homeless. The section under which the prosecution has been launched is not applicable to the present case. I have considered the chargesheet as well as the documents under Section 207 of the Code of Criminal Procedure, which have been enclosed along with the present revisional application

I find that two ladies are involved, one is an aged lady who suffered injuries because of the act and activities of the private opposite parties and one of her relations was man-handled resulting to the outraging of her modesty.

Accordingly, the present case at this stage do not call for any interim interference by this court. A prima facie case has been made out wherein there is a grave suspicion of the incident actually happening. The case is at pre charge framing stage. Having considered the materials, which have been enclosed along with the present revisional application, I am of the opinion that no case is made out for interference at this stage.

With the aforesaid observations, the revisional application being CRR 3133 of 2023 is 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]