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Calcutta High CourtCRR/4506/2024dismissed

Suresh Kumar Singh And Another v. State Of West Bengal And ANR

2025-03-21Hon'Ble Justice Sugato Majumdar2 pages

21.3.2025 Sl.28 Nandita Court No.40 C.R.R. 4506 of 2024 In Re: - An application under Sections 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 arising out Karaya Police Station Case No. 86/2024 dated 17.04.2024 under Sections 341/447/324/114/506 of the Indian Penal Code And Suresh Kumar Singh & Anr.

Vs.

The State of West Bengal & Anr.

Ms. Subhashree Patel, Mr. Arka Chakraborty, .... For the Petitioners Mr. Chinmoy Pal, Ms. Aditi Bhattacharyya, .... For the Opposite Party No. 2 Ms. Sreyashee Biswas, .... For the State.

Affidavit-of-service filed on behalf of the petitioners be kept with the record.

This is an application filed for quashing of the proceedings in Karaya Police Station Case No. 86/2024 dated 17.04.2024 under Sections 341/447/324/114/506 of the Indian Penal Code.

I have heard the learned Counsel for the parties and perused the Case Diary which contains incriminating elements. The injury report supports the allegation. However, some discrepancies are there in the Case Diary and these issues may be raised at the time of consideration of charge.

The learned Trial Court shall consider those issues and consider the charges accordingly.

These issues could be raised at the time of consideration of charge; if charge-sheet is filed. Investigation is still pending. Considering the incriminating materials present in the case diary, the instant application is not allowed. Accordingly, the instant application stands dismissed.

Urgent certified photocopy of this order, if applied for, shall be supplied to the parties upon compliance of all necessary formalities.

(Sugato Majumdar, J.)