Baishali Biswas (Dam) v. The State Of West Bengal And ANR

25.09.2023

IN THE HIGH COURT AT CALCUTTA

Item No.11 CIRCUIT BENCH AT JALPAIGURI Ct.No.2 CRIMINAL REVISIONAL JURISDICTION dc.

C.R.R. 235 of 2022 In the matter of : Baishali Biswas (Dam) ... Petitioner. Mr. Dipta Banerjee, Mr. Debajit Kundu ... For the Petitioner.

Mr. Nilay Chakraborty ... For the State.

Affidavit-of-service filed in Court today be kept on record.

This revisional application has been preferred challenging the proceedings relating to Siliguri Police Station Case No. 879 of 2020 dated 17.07.2020 wherein the investigating agency on conclusion of investigation submitted charge-sheet on or about July 2021.

Learned advocate appearing for the petitioner submits that till date the documents under Section 207 of the Code of Criminal Procedure have not been supplied. Accordingly, at this stage regarding the maintainability or continuation of the proceedings is not possible for this Court to assess in respect of the genuinity of the allegations.

The petitioner is granted liberty to canvass all the issues before the learned trial court at the stage of consideration of charges, if so advised, by taking out an application in the nature of Section 239/227 of the Code of Criminal Procedure. Learned trial court would consider the same at the stage of consideration of charges without being

influenced by any observations made by this Court while disposing of the present revisional application. With the aforesaid observations, the revisional application being CRR 235 of 2022 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.)