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Calcutta High CourtCRR/3663/2023disposed

Animesh Roy v. State Of West Bengal And ANR

2023-10-10Hon'Ble Justice Tirthankar Ghosh2 pages

10.10.2023

IN THE HIGH COURT AT CALCUTTA

Item No.79 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 3663 of 2023 In the matter of : Animesh Roy ... Petitioner.

Mr. Mujibar Ali Naskar, Mr. Sandip Kumar Mondal ... For the Petitioner.

Mr. S. G. Mukherjee, Ld. P.P., Mr. Imran Ali, Ms. Debjani Sahu ... For the State.

Learned advocate appearing for the petitioner is directed to serve a copy of this revisional application upon Ms. Debjani Sahu, learned advocate, who ordinarily appears for the State. Her appointment may be regularised by the concerned authorities.

Learned advocate for the petitioner submits that a belated complaint has been converted into FIR and subsequently charge-sheet has been submitted. I have considered the materials which have been enclosed along with this revisional application and I find that the documents under Section 207 of the Code of Criminal Procedure are yet to be supplied to the present petitioner. Having considered the same, I am of the opinion that as the accompaniments are not available along with the chargesheet, the revisional application is filed at a premature stage. The petitioner will be at liberty to approach this Court after service of documents under Section 207 of the Code of Criminal Procedure or in the alternative, address the issues by taking out an application under Section 239 of the Code of Criminal Procedure before the learned jurisdictional court. If

such an application is taken out, the learned jurisdictional court would dispose of the same in accordance with law without being influenced by any observations made by this Court in the present revisional application.

With the aforesaid observations, the revisional application being CRR 3663 of 2023 is disposed of. Pending connected application, if any, is consequently disposed of.

All concerned 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 with all requisite formalities.

(Tirthankar Ghosh, J.)