Pradip Chandra Das v. State Of West Bengal & ANR

16 IN THE HIGH COURT AT CALCUTTA 23-06-2021 CRIMINAL REVISIONAL JURISDICTION debajyoti (Appellate Side) (Via Video Conference) CRR 3185 of 2014 Pradip Chandra Das Vs.

The State of West Bengal & Anr.

Mr. Debapratim Guha ... For the Petitioner.

Mr. Saibal Bapuli, learned APP, Mr. Arijit Ganguly, Mr. Sanjib Kumar Dan ... For the State.

Mr. Kaushik Gupta ... For Opposite Party no.2.

1.

Mr. Guha, learned advocate, appearing for the petitioner, emphasis on the sustainability of the charge-sheet filed in connection with Baraganar Police Station Case No.615 of 2013 dated 20-10-2013.

2.

I have perused the FIR and the charge-sheet which is annexed with the revisional application and on a scrutiny of the same, prima facie, I am of the view that it would be premature to interfere at this stage, when all the documents under Section 207 of the Code of Criminal Procedure, upon which the prosecution should rely, are not before this Court for consideration.

3.

Mr. Bapuli, learned APP, appearing on behalf of the State, opposes the prayer advanced by the petitioner and submits that this is not a rarest of rare cases for the Court to exercise its jurisdiction under Section 482 of the Code of Criminal Procedure.

CRR 3185 of 2014 4.

Taking into account the stage of the case, I am of the view that the application was premature and as such, calls for no interference.

5.

However, the petitioner will be at liberty to agitate all the points canvassed in the revisional application at the stage of consideration of charge if an application to that effect is taken out under Section 239 of the Code of Criminal Procedure.

6.

With the aforesaid observations, CRR 3185 of 2014 is dismissed. All pending applications, if any, also stand disposed of. Interim order, if any, stands vacated. 7.

All parties are to act on a server copy of this order duly downloaded from the official website of this Court. ( Tirthankar Ghosh, J. )