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Calcutta High CourtCRR/3789/2023disposed

Pijush Deb And Another v. State Of West Bengal And ORS.

2023-10-16Hon'Ble Justice Tirthankar Ghosh2 pages

16.10.2023 IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION jb.

C.R.R. 3789 of 2023 In Re: Pijush Deb & Anr.

vs.

State of West Bengal & Ors.

Re: An application under Section 482 of the Code of Criminal Procedure.

Mr. Pinaki Roy - For the Petitioners The petitioners have challenged the continuance of Mahesthtala Police Station case No. 365/2019 dated 26.06.2019 under Section 17 A of the Inland Fisheries Act which is pending before the learned Additional Chief Judicial Magistrate, Alipore.

Learned advocate for the petitioners submits that although they were in custody of each document yet mala fidely they have been implicated in the criminal case and charge sheet has been submitted before the jurisdictional Court. The petitioners are aggrieved by such fact regarding continuance of the proceeding before the learned ACJM, Alipore.

Having considered the factum that the document under Section 207 of the Code of Criminal Procedure has not been enclosed along with the present revisional application and the documents which have been relied upon by the petitioners

are subject to the scrutiny of the learned Magistrate, at this stage I am not inclined to interfere with the said proceeding. Accordingly, the petitioners are directed to take out an application under Section 239 of the Code of Criminal Procedure before the learned jurisdictional Court. Learned jurisdictional Court would consider the same in accordance with law and at the appropriate stage of proceeding;. With the aforesaid observations, the revisional application being CRR 3789 of 2023 is disposed of. Pending application, if any, stands disposed of. All concerned parties shall act in terms of the copy of the order downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be given to the parties on completion of usual formalities. (Tirthankar Ghosh, J.)