Prabir Ghoshal v. State Of West Bengal And ANR

21.03.2024 Serial no. 100 [G.S.D] CRR 4671 of 2023 In the matter of : Prabir Ghoshal ... ... Petitioner Mr. Prabir Kr. Mitra Ms. S. Ghosh ... for the petitioner The petitioner has prayed for quashing of Sonamukhi P.S. Case No. 126 of 2023 dated 12.7.2023.

Ld. Advocate for the petitioner submits that the petitioner has been falsely implicated in connection with a civil dispute which has been given a cloak to a criminal proceeding.

Ld. Advocate submits that in spite of the civil case pending, the complainant/o.p. by way of invoking the provisions of section 156(3) of the cr.p.c. has been able to initiate and engineer the instant FIR.

I have considered the submissions and I find that more than nine months have passed since the initiation of the instant case. The investigation, accordingly, would be at an advanced stage.

Having regard to the same, I do not intend to interfere with the investigation at this stage. However, the petitioner would be at liberty to challenge the report under section 173 of the cr.p.c. after

the document under section 207 of the cr.p.c. are supplied to them at the appropriate stage.

With the aforesaid observations, CRR 4671 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, 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.)