Nasima Khatun And Others v. State Of West Bengal And ANR

12.12.2023

IN THE HIGH COURT AT CALCUTTA

Item No.263 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 Susanta C.R.R. 4624 of 2023 In the matter of : Nasima Khatun & Ors.

... Petitioner.

Md. Abdur Rakib, Mr. Mojahid Mehdi, ... For the Petitioner.

Mr. Pravas Bhattacharya, ... For the State.

The petitioners are directed to serve a copy of this revisional application upon Mr. Pravash Bhattacharya, learned advocate, who ordinarily appears for the State. His appointment may be regularised by the concerned authorities.

The learned Counsel appearing for the petitioners submits that the charge-sheet is under Section 173 Cr. P.C which has been preferred is debarred of any material and the police authorities unilaterally continued with their investigation without appreciating the documents which were supplied to them.

I find form the records of the case that the petitioners approached this Court immediately after charge-sheet was submitted. None of the documents under Section of 207 Cr. P.C have been enclosed along with the revisional application as the same is yet to be supplied to the petitioner. In view of the aforesaid, I am of the opinion that the revisional application is premature.

The petitioners would be at liberty to canvass the issue at the stage of Section 239 of the Code of Criminal Procedure.

The learned Trial Court, would decide the issue without being influenced by any observation made by this Court while disposing of the present revisional application. With the aforesaid observations, the revisional application being CRR 4624 of 2023 is disposed of. All concerned 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 with all requisite formalities.

(Tirthankar Ghosh, J.)