Calcutta High CourtCRR/3569/2023disposed

Shanti Ranjan Mondal And Another v. State Of West Bengal And ANR

2023-09-18Hon'Ble Justice Tirthankar Ghosh2 pages

C.R.R.3569 of 2023 D/L85 18.09.2023 Bpg.

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

Shanti Ranjan Mondal and another

Versus

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

...for the petitioners.

Mr. Arijit Ganguly Mr. Koushik Kundu.

...for the State.

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

Learned advocate for the petitioners submits that the present petitioners are implicated in connection with a case under the provisions of SC & ST (POA) Act, 1989 although they themselves belong to Scheduled Caste Community.

In respect of the complaint so lodged, Durgapur NTS Police Station Case No.137 of 2023 dated 23.08.2023 has been registered for investigation under the relevant sections of the Indian Penal Code along with the provisions of SC & ST (POA) Act, 1989. Petitioners shall produce their documents to the Investigating Officer concerned who is investigating the said case which would reflect that they belong to the Scheduled Caste Community. Such documents be produced before the Investigating

Officer within a period of 15 days. In case the Investigating Officer finds that the certificates are genuine, the Investigating Officer would drop the proceedings against the petitioners so far as the provisions of SC & ST (POA) Act, 1989 are concerned. No coercive steps be taken against the petitioners till 9th October, 2023. With the aforesaid observations, CRR 3569 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.)