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Calcutta High CourtCRR/4286/2023disposed

Arindam Dutta @ Rayan v. State Of West Bengal And ANR

2023-11-23Hon'Ble Justice Tirthankar Ghosh2 pages

23.11.2023 Serial no. 300 [G.S.D] CRR 4286 of 2023 In the matter of : Arindam Dutta @ Rayan ... ... Petitioner Mr. D. Sinha Mr. C. Sinha Mr. A. Maity Ms. S. Dhar ... Petitioner Mr. Debasis Ray, ld. PP Mr. Arijit Ganguly ... for the State The petitioner is directed to serve upon the ld. Public Prosecutor, High Court, Calcutta, who would be assisted by Mr. Arijit Ganguly, ld. advocate, who ordinarily appears on behalf of the State. His appearance may be regularised by the concerned authority.

Ld. advocate for the petitioner submits that although the case was initiated in the year 2016, but, till date, CFSL report has not been submitted before this and the petitioner has been called for facing the agony of the criminal trial. I have considered the materials appearing in the case records and I find that number of fake accounts were created, as is alleged by the complainant, which has, in fact, maligned the complainant. Whether the same is true or false is to be ascertained at the appropriate stage of the case.

CFSL report is yet to arrive. Primarily, the investigating agency is satisfied that the case has been made out. At this stage, any interference is premature. Accordingly, the petitioner would be at liberty to canvass all the issues at the stage of consideration of charges before the jurisdictional court by taking out appropriate application.

Needless to state that the ld. jurisdictional Court would independently arrive at its finding without being influenced by any of the observations while disposing of the present revisional application.

With the aforesaid observations, CRR 4286 of 2023 is disposed of.

Pending application, if any, is also disposed of., Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court at Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)