Dilip Kundu And ANR v. State Of West Bengal And ORS

D/L8 08.09.2022 Bpg.

IN THE HIGH COURT AT CALCUTTA

CIRCUIT BENCH AT JALPAIGURI CRIMINAL REVISIONAL JURISDICTION C.R.R 101 of 2019 In Re: An application under Section 482 of the Code of Criminal Procedure,1973;

Sri Dilip Kundu and another

Versus

The State of West Bengal and another Mr. Ajay Singhal.

...for the opposite party no.2.

Mr. Aditi Shankar Chakraborty, Mr. Nilay Sengupta.

...for the State.

The revisional application was preferred challenging the proceedings being Bhaktinagar Police Station Case No.631 of 2019 dated 14.08.2019 wherein charge-sheet was submitted under Section 448/406/380/34 of the Indian Penal Code. I find that the petitioners have prayed for quashing of proceedings on the basis of documents which are personal and private in nature and the photostat copies of the documents cannot be considered to be unimpeachable. The further plea of the petitioners that similar facts relate to Bhaktinagar Police Station Case No.36 of 2019 is also not acceptable to this Court, in view of the fact that other case is relating to cheating and

forgery.

Having regard to the contentions advanced by the petitioners in the revisional application, I am of the opinion that the same is absolutely based on question of facts which cannot be adjudicated by this Court at this stage. The petitioners would be at liberty to place such issues before the learned trial court at the appropriate stage of the trial. No interference is called for. Accordingly, CRR 101 of 2019 is dismissed.

Pending application, if any, is consequently disposed of.

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