Chandan Ghosh v. Sekh Manirul And ANR

12.12.2023

IN THE HIGH COURT AT CALCUTTA

Item No.281 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 4642 of 2023 In the matter of : Chandan Ghosh ... Petitioner.

Mr. Saheb Banerjee ... For the Petitioner.

The petitioner is aggrieved by the order dated 05.10.2023. The said order was passed by the learned Judicial Magistrate, 4th Court, Burdwan in connection with C.R. Case No. 459 of 2022 wherein the learned court was pleased to observe that "Fix 26-04-2024 for SA on L/C id dismissal".

Learned advocate appearing for the petitioner submits that all the documents are seized with the police authorities and as such it may not be possible for him to produce the said documents on the date so fixed.

The contention advanced by the petitioner is apprehensive in nature. This Court cannot pass an order on such apprehension. Until and unless the whole of the process is exhausted before the learned Magistrate either in favour of the petitioner or against the petitioner, there is no scope of a cause of action arising. The revisional application is premature.

Accordingly, the revisional application being CRR 4642 of 2023 is, thus, dismissed.

Pending connected application, if any, is consequently 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.)