Calcutta High CourtCRR/90/2021disposed

Santanu Chattopadhyay @ Santanu Chatopadhaya And ANR v. State Of West Bengal And ANR

2022-09-15Hon'Ble Justice Tirthankar Ghosh2 pages

15.09.2022

IN THE HIGH COURT AT CALCUTTA

Item No.23 CIRCUIT BENCH AT JALPAIGURI Ct.No.2 CRIMINAL REVISIONAL JURISDICTION dc.

C.R.R. 90 of 2021 Santanu Chattopadhyay @ Santanu Chatopadhaya & Anr. versus State of West Bengal & Anr.

In Re: An Application under Section 482 of the Code of Criminal Procedure, 1973.

Mr. Partha Sarathi Das ... For the Petitioners.

Mr. Aditi Shankar Chakraborty, Mr. Nilay Chakraborty ... For the State.

This revisional application has been preferred challenging the proceedings arising out of Kotwali Police Station Case No. 1208 of 2013 dated 28.09.2013 under Sections 406/420/120B of the Indian Penal Code. Learned advocate appearing for the petitioners submits that the petitioners were never connected with the Company viz. Dreamland Industries Limited and they have been falsely implicated in the instant case.

Mr. Nilay Chakraborty, learned advocate appearing for the State submits that the said Dreamland Industries Limited carried out Ponzi Scheme and after scam, they closed their office thereby depriving the investors.

This revisional application has been filed with enclosures of only the FIR, charge-sheet and the orders. None

of the documents on which the prosecution has relied upon to prove its case has been enclosed or dealt with by the petitioners for countering their case.

In view of the aforesaid, I am of the opinion that this revisional application is premature. The petitioners would be at liberty to approach this Court at the appropriate stage after the issues are considered by the learned trial court at the stage of Sections 239/240 of the Code of Criminal Procedure. As such, no interference is called for. With the aforesaid observations, the revisional application being CRR 90 of 2021 is disposed of. All pending connected applications, if any, are consequently disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)