Arghya Mukherjee v. State Of West Bengal

Sr.38 21-09-2021 Subha.

Court no. 34

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE ( Via Video Conference ) CRR 3160 of 2012 In the matter of : Sri Arghya Mukherjee ....petitioner. In Re : An application under Section 401 & S. 482 of the Code of Criminal Procedure.

Mr. Bidyut Kumar Roy Ms. Manisha Sharma ....for the State.

The revisional application was preferred challenging the order dated 11.04.2012 passed in S.C 17(7) of 2010. The said order was for challenging the chargesheet under Section 307 of the Indian Penal Code and the charge framed under the said section by the learned Additional Sessions Judge at Sealdah, 24 Parganas(S).

As none appears on behalf of the petitioner or for the State, Ms. Manisha Sharma, learned advocate who ordinarily appears on behalf of the State was directed to appear in this matter to represent the State. Her appointment may be regularized by the concerned authorities in due course.

The learned trial court on consideration of the materials was of the view that as the accused struck at a vital part of the body by missing the stomach, the provisions of Section 307 of the Indian Penal Code is attracted. Record of this revisional application reflects that the revisional application is yet to be admitted. Thus, interference at this belated stage is bound to prejudice the prosecution. Accordingly, the present revisional application being CRR 3160 of 2012 is dismissed.

All pending applications, if any, in connection with revisional application, are consequently disposed of. All parties are to act on the server copy of this order duly downloaded from the official website of this court. ( Tirthankar Ghosh, J. )