Indira Giri And ORS v. Marianus Tigga And ANR

SM CIRCUIT BENCH OF CALCUTTA HIGH COURT AT JALPAIGURI C.R.R.21 of 2019 WITH CRAN 1 of 2019 AND CRAN 2 of 2019 In the matter of: Indira Giri & Ors.

Mr. Dipankar Deb.

.......for the petitioners.

Mr. Debajit Kundu.

.....for the opposite party.

Mr. A. S. Chakraborty, Mr. Nilay Chakraborty.

.....for the State.

The learned advocate for the petitioners draw attention of 02.9.2019 this court to the letter of complaint addressed to the Officer InCharge which is treated as First Information Report of the case. I have heard his submission and also taken into consideration the allegations made in the FIR. So far as the submissions made by the learned advocate for the petitioner is concerned, I find prima facie the same relates to question of facts which are not within the domain of this court to be adjudicated while exercising its jurisdiction under Section 482 of the Code of Criminal Procedure.

The learned advocate for the State draws attention of this court to the order passed on 15.02.2017, 19.08.2019 and 15.07.2019.

In view of the stage at which the case is pending, the revisional application is disposed of with a direction that the petitioners are at liberty to take up the points canvassed in the revisional application before the Investigating Officer of the case who will take the same into consideration while submitting his report under Section 173 of the Code of Criminal Procedure. With the above observations CRR 21 of 2019 along with all connected applications therewith are disposed of. Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance of requisite formalities. (Tirthankar Ghosh, J.)