Prasanta Pramanik v. The State Of West Bengal And ANR

2.

October 5, 2023.

GSD Calcutta High Court In The Circuit Bench at Jalpaiguri Appellate Side CRR 157 of 2023 In the matter of: Prasanta Pramanik.

.... Petitioner Ms. Suman Sehanabis ... for the petitioner Mr. Sudipta kanta Bhowmik Mr. Anirban Banerjee Ms. Dipti Bhowmik ... for the O.P. No.2 Mr. Aditi Sankar Chakraborty Mr. Kallol Acharya ... for the State The present revisional application was preferred challenging the continuance of a proceeding being Baxirhat P.S. Case No. 5 of 2022 dated 03.1.2022 under Section 135(1)(a) of the Electricity Act, 2003 which is pending before the Court of Ld. Judge, Special (Electricity Act)-cum-Additional District & Sessions Judge, 2nd Court, Cooch Behar. The petitioner approached this Court at a stage when the charge-sheet was submitted and the documents were supplied on which the prosecution proposed to rely for proving its case. However, none of the documents on which the prosecution proposes to rely, has been annexed with the present revisional application. Further, charge has already been framed and issues which have been canvassed in the present revisional application relates to question of facts, so I

am not inclined to interfere regarding the truth or falsity of the same, as such no interference is called for at this stage. However, the petitioner would be at liberty to canvass all the points addressed in the present revisonal application as also the additional points on the issue of facts at the stage of cross-examination as well as the defence witness and final arguments of the case.

With the aforesaid observations, CRR 157 of 2023 is disposed of.

Pending application, if any, is also disposed of. Parties shall act on the server copy of this order, duly collected from the official website of the Hon'ble High Court, Calcutta.

(Tirthankar Ghosh, J.)