Gour Gopal Jana @ Chintu And Another v. State Of West Bengal And Another

CRR 1602 of 2020 g.b.

02.12.2020 Court No.13 Gour Gopal Jana @ Chintu & Anr.

Vs.

The State of W. B. & Anr.

Mr. Kalyan Kumar Chakraborty Mr. Ashok Halder Mr. Somnath Bhattacharjee ......For the Petitioners Mr. Saibal Bapuli Mr. Arijit Ganguly ........For the State The learned advocate for the petitioners submits that the petitioners are the residents staying 150 kilometer away from the alleged place of offence and not connected in any manner. It is further submitted that the present petitioners are the maternal uncles-in-law and they have not interfered with the day-to-day affairs of the family life of the complainant. Mr. Ganguly, learned advocate for the State produces the case diary and draws the attention of this court to the statement of the witnesses.

In view of the fact that along with the revisional application the papers and documents so relied upon by the prosecution are not enclosed, I am of the opinion that it would not be fair to decide the matter at this stage.

Accordingly, the revisional application is disposed of with a direction that the petitioners would be at liberty to take up the points canvassed in the revisional application before the learned Magistrate at the time of consideration of charge. If such an application is made, the learned Matgistrate would consider

whether the proceedings against the present petitioners need to further continue.

As such CRR 1602 of 2020 is disposed of.

(Tirthankar Ghosh, J.)