Asim Ranjan Coomer And Others v. State Of West Bengal And ANR
08.09.2023 Serial no. 39 [G.S.D] CRR 3346 of 2023 In the matter of : Asim Ranjan Coomer & Ors. ... ... Petitioners Mr. Kollol Mondal Mr. Sukumar Sarkar ... for the petitioners Mr. Arindam Sen Mr. Saurav Basu .. For the O.P. no.2 Mr. Tanmay Kr. Ghosh Ms. Sujata Das ... For the State The petitioners are directed to serve a copy of this revisional application upon Mr. Sen, Learned Advocate for the O.P. no.2 and upon the Mr. Tanmay Kr. Ghosh, Learned Advocate, who ordinarily appears on behalf of the State. The appointment of Mr. Ghosh be regularised by the concerned authority.
Mr. Mondal, Learned Advocate for the petitioners, submits that a report under Section 173 of Cr.P.C. has been filed on the foundation of the witnesses, who are close relatives of the complainant and on the basis of the concocted materials. Charge-sheet has been submitted. I have considered the statement under Section 161 of the Cr.P.C. and also taken into account that date has
been fixed by the Learned Special Court for consideration of the charges.
Having regard to the same and without entering into the materials, at this advanced stage, I direct the Learned Trial Court to consider, if an application in the nature of Section 227/239 of the Cr.P.C. is filed at the instance of the petitioner.
The Learned Trial Court will assign its reasons independently without being influenced by any of the observations made by this Court while disposing of the present revisional application.
With the aforesaid observations, CRR 3346 of 2023 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 at 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.)