Subol Roy v. State Of West Bengal And ANR

08.09.2023 Serial no. 41 [G.S.D] CRR 3348 of 2023 In the matter of : Subol Roy ... ... Petitioner Mr. Anowar Hossain Ms. Manisha Sharma ... For the State The petitioner is directed to serve a copy of this revisional application upon Ms. Manisha Sharma, Learned Advocate, who ordinarily appears on behalf of the State. Her appearance may be regularised by the concerned authority. The present case has been initiated for alleged offences under Sections 406/409 of the I.P.C. The investigating authority of Harishchandrapur P.S. after completion of investigation submitted charge sheet under the same sections.

The petitioner is a Government Servant working as a Nirman Sahayak at concerned Gram Panchayat. There are allegations that without performing the work, funds have been withdrawn. The petitioner has only enclosed the report under Section 173 of the Cr.P.C.

Learned Advocate appearing for the petitioner submits that 207 of the Cr.P.C. documents are not available.

Accordingly, the petitioner is granted liberty to canvass all the issues advanced in the present revisional application at the stage of Section 239/227 of the Cr.P.C. before the Learned Special Court, in seisin, of the matter. After such application is taken out at the instance of the petitioner, the same would be considered in accordance with law without being influenced by any of the observations made by this Court while disposing of the present revisional application.

With the above observations, CRR 3348 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.)