Mala Mondal Khan And Another v. State Of West Bengal And ANR

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction 23-08-2023 Subha D/L 29 Ct no.34 CRR 4261 of 2022 Mala Mondal Khan and Anr.

-versus- State of West Bengal and anr.

Mr. Pawan Kumar Gupta Ms. Sofia Nesar Mr. Santanu Sett Mr. Sharadindu Patra ....for the petitioners.

Mr. S. G. Mukherji, ld. PP Mr. Imran Ali Mrs. Debjanu Sahu ...for the State.

Petitioners are directed to serve a copy of the revisional application upon Mrs. Debjani Sahu, learned advocate, who ordinarily appears on behalf of the State. Her appointment may be regularized by the concerned Authorities in due course. The subject matter of the revisional application relates to Goaltore P. S. Case No. 96 of 2022 dated 09.04.2022. Learned advocate appearing for the petitioners challenges the continuance of the FIR on the ground that earlier a case was registered at her instance being Ghatal P. S. Case No. 409 of 2021 dated 08.11.2021.

The foundation of the revisional application is on the ground of mala fide and counter-blast. It has been submitted by Mr. Gupta, learned advocate for the petitioners that during the pendency of the present revisional application, the Investigating

Agency has already submitted chargesheet before the jurisdictional court.

Having regard to the changed circumstances, I grant liberty to the petitioners to approach this court with a fresh revisional application enclosing the chargesheet along with documents under Section 207 of the Code of Criminal Procedure. With the aforesaid observations, the present criminal revisional application being CRR 4261 of 2022 is disposed of. Pending applications, if any, are consequently disposed of. All concerned parties are to act in terms of a copy of this order duly downloaded from the official website of this court. [Tirthankar Ghosh, J]