Nepal Das @ Habu v. State Of West Bengal And ANR

June 21, 2023 AD -80 Ct. 34 SG CRR 3802 of 2022 Nepal Das @ Habu -versus- The State of West Bengal and another Ms. Sibangi Chattopadhyay ... for the petitioner.

Mr. Neguive Ahmed Ms. Trina Mitra ... for the State.

Petitioner is directed to serve a copy of the revisional application upon Ms. Mitra, learned advocate who ordinarily appears on behalf of the State. Her appointment may be regularised by the concerned authorities. Learned advocate for the petitioner submits that there are cases and counter-cases between the parties and the nature of the offence are almost similar. He also submits that the present petitioner has been falsely implicated in connection with the instant case pursuant to the complaint which was registered as FIR. Charge-sheet has already been submitted in connection with the said case being Ashoknagar PS Case No.329/2022 dated 24.04.2022. Be that as it may, in the present case apart from other sections, there is an allegation under Section 354 of IPC.

It is submitted that the investigation has already been concluded.

Having regard to the same, I direct that in case the investigation has been concluded or a report under Section 173 Cr.P.C. has been filed, petitioner would be at liberty to challenge the said report along with the necessary documents under Section 207 Cr.P.C. before this Court at the appropriate stage.

With the aforesaid observations, CRR 3802 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. Urgent certified copy of this order, if applied for, be supplied to the parties upon compliance of such requisite formalities.

( Tirthankar Ghosh, J. )