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Calcutta High CourtCRR/4184/2022disposed

Ram Ratan Mundhra Andanr v. Allflex Plastic Llp

2023-09-12Hon'Ble Justice Tirthankar Ghosh2 pages

12.09.2023 Item No.50 gd/ssd CRR/4184/2022 RAM RATAN MUNDHRA AND ANR.

VS ALLFLEX PLASTIC LLP Mr. Atindra Nath Misra ..for the Petitioners Md. Anwar Hossain, Mr. Mirza Firoj Ahmed Begg ..for the State Petitioners are directed to serve a copy of the revisional application upon Mr. Mirza Firoj Ahmed Begg, learned advocate, who ordinarily appears on behalf of the State.

His appearance may be regularized by the concerned authority.

The present revisional application was preferred challenging Bowbazar PS Case No.334 dated 21.10.2020 wherein the investigating agency on completion of investigation submitted charge-sheet under Sections 420/406/120B of the Indian Penal Code.

Learned advocate appearing for the petitioners submits that the present case is based on contractual obligations and the investigating agency purposely has given a civil dispute the cloak of a criminal proceedings. I have perused the revisional application and the enclosures therein. The documents under Section

207 of the Code of Criminal Procedure on which the prosecution proposes to be relied has not been enclosed. None of the order-sheets of the jurisdictional court has been attached.

Accordingly, this court is not in a position to adjudicate on the issues so canvassed.

Petitioners would be at liberty to canvass the points advanced in the present revisional application at the stage of consideration of charges before the jurisdictional court.

Needless to state that the learned jurisdictional court would decide the issues without being influenced by any observations made by this court while considering the present revisional application. With the aforesaid observations, CRR 3507 of 2022 is disposed of.

Pending applications, if any, are hereby disposed of.

All the parties shall act on the server copy of this order duly downloaded from the official website of this court.

(Tirthankar Ghosh, J.)