Plaban Sarkar v. State Of West Bengal And ANR

C.R.R.4162 of 2022 D/L10 20.09.2023 Bpg.

In Re: An application under Section 397 read with Sections 401 & 482 of the Code of Criminal Procedure;

Plaban Sarkar

Versus

The State of West Bengal and another Mr. Iqbal Hossain Mr. Soumak Bera.

...for the petitioner.

Mr. Saswata Gopal Mukherjee, Ld.P.P.

Mr. Imran Ali Ms. Debjani Sahu.

...for the State.

Report so submitted by the State be kept with the record. Report reflects that on 31st December, 2022 charge-sheet was submitted before the jurisdictional court under Sections 498A/406/323/34 of the Indian Penal Code and Sections 3/4 of the Dowry Prohibition Act against five accused persons. There has been change of circumstances.

Mr. Iqbal Kabir, learned advocate appearing for the petitioner submits that he intends to prefer a fresh application inserting the documents under Section 173 of the Code of Criminal Procedure along with copies relied upon by the prosecution under Section 207 of the Code of Criminal Procedure. In view of the change in circumstances, the present revisional application being CRR 4162 of 2022 is dismissed as infructuous.

Petitioner is granted liberty to file afresh challenging the charge-sheet and the materials (Section 207 Cr.P.C.) which have been collected in course of the investigation to substantiate such charges.

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.)