Sourav Mondal And ANR. v. State Of West Bengal And ANR

15.12.2023 Serial no. 52 [G.S.D] CRR 4792 of 2023 In the matter of : Sourav Mondal & Anr.

... ... Petitioners Mr. Ranajoy Chatterjee Ms. Piyeta Bhattacharjee Mr. T. S. Roy Mr. T. Pramanick ... for the Petitioners The petitioner has challenged the continuance of Bally P.S. Case No. 13 of 2020 dated 30.01.2020 which was registered for investigation under Section 384 of the IPC and on conclusion of investigation charge-sheet was submitted before the ld. jurisdictional court under section 387 of the IPC Ld. advocate appearing for the petitioner submits that the present case was initiated for taking vengeance upon the petitioners as they have been complaining regarding the illegal and unthorised constructions as also the illegal activities of different police officers. Be that as it may, the petitioners are yet to receive the documents under section 207 of the cr.p.c. As such, the revisional application is premature.

However, the petitioner would be at liberty to take out an appropriate application for discharge at the stage of consideration of charges before the ld. trial court after receipt of the document under section 207 of the cr.p.c. Ld. trial court would consider the same without being influenced by any of the observations made by this Court. The petitioners thereafter would be at liberty to approach this court, if so advised.

Accordingly, CRR 4792 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.

(Tirthankar Ghosh, J.)