Abhijit Mondal And Others v. State Of West Bengal And ANR

g.b.

13.09.2023 Court No.34 CRR 3414 of 2023 Abhijit Mondal & Ors.

Vs.

The State of W. B. & Anr.

Mr. Subhendu Bhattacharjee Mr. Joyjit Roy Chowdhury Ms. Joyeeta Adhikary .......For the Petitioners Mr. Aniket Mitra .....For the State The petitioners are directed to serve a copy of this revisional application upon Mr. Aniket Mitra, learned advocate who ordinarily appears on behalf of the State. His appearance may be regularized by the concerned authorities. The subject matter of challenge in the present revisional application relates to the charge sheet filed in Golf Green Police Station Case No. 40 of 2022 dated 02.03.2022 under Sections 498/406/34 of the Indian Penal Code.

Learned advocate appearing for the petitioners submits that the stridhan articles have been seized and the petitioners have been falsely implicated in a complaint case although there has been no demand for dowry or any cruelty is being inflicted upon the opposite party no.2.

I have taken into account the investigation and I find that the documents under Section 207 are yet to be supplied to the petitioners.

Having considered the submissions, I am of the opinion that the revisional application has been preferred at the premature stage. Consequently the petitioners are granted liberty to prefer application under Section 239 of the Code of Criminal Procedure only after receiving the documents under Section 207 of the Code of Criminal Procedure before the jurisdictional court. Learned Magistrate will consider such application without being influenced by any of the observations made by this court while disposing of the present revisional application. With the aforesaid observations CRR 3414 of 2023 is disposed of.

All parties are to act on the server copy of this order, duly downloaded from the official website of this Hon'ble High Court. ( Tirthankar Ghosh, J. )