Buddhadeb Das And Others v. State Of West Bengal And ANR

C.R.R.3491 of 2023 D/L14 18.09.2023 Bpg.

In Re: An application under Section 482 read with Section 401 of the Code of Criminal Procedure;

Buddhadeb Das and others

Versus

The State of West Bengal and another Mr. Raja Biswas Mr. Abhijit Sarkar.

...for the petitioners.

Mr. Saswata Gopal Mukherjee Mr. Imran Ali Ms. Debjani Sahu.

...for the State.

Petitioners are directed to serve a copy of the revisional application upon Mr. Imran Ali, learned advocate, who ordinarily appears on behalf of the State. His appointment may be regularised by the concerned authorities.

Records of the revisional application reflect that chargesheet has been submitted under Sections 498A/323/506/34 of the Indian Penal Code and Section 4 of Dowry Prohibition Act in connection with Nandigram Police Station Case No.338 of 2022 dated 03.03.2022.

Petitioners are yet to receive the documents under Section 207 of the Code of Criminal Procedure. Having regard to the aforesaid fact I am of the opinion that the revisional application is premature. Petitioners would be at liberty to take up the issue and canvass the same before the learned trial court at the stage of discharge under Section 239/240 of the Code of the Criminal

Procedure. The learned Magistrate would consider the same in accordance with law without being influenced by any observations made by this Court while disposing of the revisional application. With the aforesaid observations, CRR 3491 of 2023 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. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)