Jyotish Barman And ORS v. The State Of West Bengal And ANR

18.06.2025 Item no. 32.

Court No.2.

Rakib In the High Court at Calcutta Circuit Bench at Jalpaiguri Criminal Revisional Jurisdiction CRR 274 of 2025 With CRAN 1 of 2025 Jyotish Barman & Ors.

VS State of West Bengal & Anr.

Mr. Satarudriya Mukherjee.

...for the petitioners.

Mr. Aditi Shankar Chakraborty, Ld. APP, Mr. Kallol Acharjee.

...for the State.

Ms. Tannu Agarwal.

...for the Opposite Party no.2 Learned advocate appearing for the petitioners submit that although the Mathabhanga Police Station case no. 672 of 2024 dated 09.09.2024 was registered for investigation under Sections 64/62/351(2)/49 of the BNS, 2023, yet there has been subsequent change of circumstances. To that effect, petitioners have enclosed a notarized affidavit.

In case there has been change of circumstances, the de facto complainant will communicate with the investigating officer of the case. The investigating officer would, if required, tender the de-facto complainant by recording further statement before the learned Judicial Magistrate under Section 164 of the Code of Criminal Procedure. Accordingly, the investigating officer will

arrive at its conclusion at the time of submission of the report under Section 193 of the BNSS, 2023.

With the aforesaid observations CRR 274 of 2025 is disposed of.

Connected application, if any, is consequently disposed of.

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