Jahar Patel @ Govind Patel And Others v. State Of West Bengal And ANR

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction 28-08-2023 Subha D/L 61 Ct no.34 CRR 3180 of 2023 Jahar Patel @ Govind Patel and ors.

-versus- The State of West Bengal and anr.

Ms. Dipannita Laha ....for the petitioners.

Mr. Madhusudan Sur, ld. APP Mr. Dipankar Paramanick ...for the State.

Learned advocate for the petitioners have challenged the continuation of the proceedings arising out of Burdwan P. S. Case No. 81 of 2023 dated 02.03.2023 which is pending before the learned Chief Judicial Magistrate, Burdwan, Purba Burdwan. Petitioners are directed to serve a copy of the revisional application upon Mr. Madhusudan Sur, learned Additional Public Prosecutor, who ordinarily appears on behalf of the State. His appointment may be regularized by the concerned Authorities in due course.

Record reflects that the case has been transferred by the learned Chief Judicial Magistrate, Burdwan, Purba Burdwan to the learned Judicial Magistrate, 5th Court, Burdwan. Having regard to the fact that none of the documents under Section 207 of the Code of Criminal Procedure has been enclosed along with the chargesheet, I am of the opinion that the revisional application is premature. Learned advocate for the petitioners is

granted liberty to approach this court after receipt of the documents under Section 207 of the Code of Criminal Procedure or to prefer an application under Section 239 of the Code of Criminal Procedure before the jurisdictional court. The learned jurisdictional court would consider the application in accordance with law without being influenced by any observations made by this court. With the aforesaid observations, the present revisional application being CRR 3180 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]