Sumit Chatterjee And ANR v. State Of West Bengal And ANR

59 22.06.2023 ss C.R.R. 3597 of 2022 Sumit Chatterjee & Anr.

Vs.

The State of West Bengal & Anr.

Mr. Jayanta Narayan Chatterjee Ms. Moumita Pandit Mr. S. Naskar Ms. J. Patra Ms. S. Ghosh Ms. R. Banerjee ... for the petitioners Mr. Saswata Gopal Mukherjee, PP Ms. Anasuya Sinha ... for the State Learned advocate appearing for the petitioners is directed to serve a copy of the revisional application upon Ms. Anasuya Sinha who ordinarily appears on behalf of the State. Her appointment may be regularized by the concerned authorities. Mr. Jayanta Narayan Chatterjee, learned advocate appearing for the petitioners has emphasized on the facts of the case, particularly the innocence of the present petitioners who have been unnecessarily arrayed as accused in the charge-sheet.

Learned advocate disputes the heirship certificate which is the foundation of the case and on the basis of which BL & LRO thought it fit and proper to lodge a complaint for initiation of the case. Learned advocate has also candidly submits that the charge has been framed and dates have been fixed for evidence. Ms. Anasuya Sinha, learned advocate for the State opposes the contention advanced by the learned advocate appearing for the petitioners.

I have taken into account the documents which the prosecution has relied upon calling upon the present petitioners to face the trial.

Having considered the same, I am of the opinion that this is not a fit case for invoking the jurisdiction under section 482 of the Code of Criminal Procedure. Petitioners would be at liberty to take up all the points at the appropriate stage of the proceedings. With the aforesaid observations, CRR 3597 of 2022 is disposed of.

Pending application, if any, is consequently disposed of. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)