Kiran Chandra Das v. The State Of West Bengal And ORS.

10.06.2025

IN THE HIGH COURT AT CALCUTTA

Item No.15 CIRCUIT BENCH AT JALPAIGURI Ct.No.2 CRIMINAL REVISIONAL JURISDICTION dc.

C.R.R. 177 of 2025 In the matter of : Sri Kiran Chandra Das ... Petitioner. Mr. Sandip Mandal, Mr. Amit Saha ... For the Petitioner.

Mr. Nilay Chakraborty, APP, Mr. Tapan Bhattacharjee ... For the State.

Learned advocate appearing for the petitioner is directed to serve copy of this revisional application upon Mr. Nilay Chakraborty, learned advocate, who ordinarily appears for the State. His appointment may be regularised by the concerned authorities.

The petitioner is aggrieved by the observations made by the learned Magistrate while dismissing Misc. Petition No. 12 of 2025 wherein the learned Magistrate by his order dated 12.03.2025 was pleased to observe that the petitioner intends to set the criminal law into motion as a counterblast to another criminal case which was initiated at the instance of his wife relating to Phansidewa Police Station Case No. 87 of 2024.

Be that as it may, since the petitioner claims that he has materials in his possession to substantiate the accusations, the petitioner is granted liberty to file application under Section 223 of the BNSS. Learned Magistrate will consider the accusations, examine the

witnesses as also adhere to the provision of Section 223 of the BNSS and arrive at his own conclusion.

With the aforesaid observations, the revisional application being CRR 177 of 2025 is disposed of. Pending connected application, if any, is consequently disposed of.

All concerned 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.)