Sk Anauwarul Hoque And Others v. State Of West Bengal And ANR

C.R.R.4319 of 2023 D/L330 28.11.2023 Bpg.

In Re: An application under Section 482 of the Code of Criminal Procedure, 1973;

Sk. Anauwarul Hoque and others

Versus

The State of West Bengal and another Mr. Mohinoor Rahaman Ms. Maria Rahaman Ms. Iqra Rahaman.

...for the petitioners.

Mr. Dipankar Paramanick.

...for the State.

Petitioners are directed to serve a copy of the revisional application upon Mr. Dipankar Paramanick, learned advocate, who ordinarily appears on behalf of the State. His appearance may be regularised by the concerned authorities.

Petitioners are aggrieved by the continuance of Harish Chandrapur Police Station Case No.350 of 2023 dated 22.04.2023 which has been registered under Sections 498A, 323, 325, 308, 354B, 494, 506, 379, 34 of the Indian Penal Code. Learned advocate appearing for the petitioners submits that the present case is a counter-blast to the proceedings instituted before the civil court.

I have considered the letter of complaint as also the observations of the Division Bench granting anticipatory bail to the petitioners. However, having regard to the fact that the investigation of the case is under progress and prima facie there are allegations at this stage I do not intend to go into the merits of the truth or

falsity of the allegations which gave rise to the registration of the FIR. Petitioners would be at liberty to approach this Court at the appropriate stage particularly after receipt of the documents under Section 207 of the Code of Criminal Procedure if the Investigating Agency finds a case has been made out so far as the petitioners are concerned.

With the aforesaid observations, CRR 4319 of 2023 is disposed of.

Pending connected application, if any, is consequently disposed of.

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.)