Jagadish Chandra Bag And ORS v. State Of West Bengal And ORS.

21.03. 2022 item No.15 n.b.

ct. no. 34 CRR 1507 of 2020 Shri Jagadish Chandra Bag & Ors.

Vs.

State of West Bengal & Anr.

Mr. Amlan Jyoti Sengupta .. for the Petitioners.

Mr. Madhusudan Sur, Mr. Dipankar Paramanick .....for the State Mr. Uttam Kumar Halder .....For the de facto complainant-in-person The present revisional application has been preferred by the petitioners challenging the proceedings relying upon Sonarpur P.S. Case No.2001 of 2018 wherein the charge-sheet has been submitted under Sections 341/ 323/ 506/ 34 of the Indian Penal Code.

Mr. Sengupta, learned advocate appearing for the petitioners submits that the present petitioner no.1 who is a bona fide purchaser has been unnecessarily harassed by initiating number of litigations against him. Learned advocate submits that there was some other cases wherein the police authorities have after completion of investigation submitted the report under Section 173 of the Code of Criminal Procedure holding mistake of facts. The de facto complainant is present in person. Learned advocate for the State has produced the Case Diary, I find that the case was initiated under Sections 323/ 406/ 409/ 329/ 418/ 420/ 384/385/386/387/506(2)/ 120B/34 of the

Indian Penal Code. The Investigating Agency on completion of investigation submitted charge-sheet under Sections 341/ 323/506/ 34 of the Indian Penal Code. I have perused the supporting documents under Section 161 of the Code of Criminal Procedure which was recorded by the Investigating Officer of the case. At this stage, I have also appreciated that the petitioners have approached this Court which is prior to supply of the documents under Section 207 of the Code of Criminal Procedure which is prematured stage. Accordingly, this Court is reluctant to interfere at this stage in respect of the merits of the proceedings. The petitioners will be at liberty to agitate the points canvassed in the revisional application at the appropriate stage before the Jurisdictional Court.

With the aforesaid observations, CRR 1507 of 2020 is disposed of.

All pending connected applications, if any, are consequently disposed of.

Interim order, if any, is hereby vacated.

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