The High Court disposed of an application under Section 482 CrPC filed challenging proceedings after a supplementary charge-sheet was filed. The Court held that factual inconsistencies should be agitated before the trial court.
The criminal revision petition C.R.R. No.1664 of 2020 was disposed of, and the interim order was vacated.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
D/L130 March 2, 2022 Bpg.
C.R.R. No.1664 of 2020 (Via Video Conference)
In Re: An application under Section 482 of the Code of Criminal Procedure;
Dinobandhu Das Bairagya Versus The State of West Bengal & Anr.
Ms. Pampa Dey (Dhabal). …for the petitioner.
Mr. Saswata Gopal Mukherjee, Ld. P.P., Md. Anwar Hossain, Ms. Sreyashee Biswas. …for the State.
The petitioner has challenged the proceedings arising out of Galsi Police Station Case No.419 of 2020 dated 28.09.2020.
Pursuant to the earlier direction passed by this Court, supplementary charge-sheet has been filed before the jurisdictional court.
Learned advocate appearing for the petitioner is aggrieved by certain factual aspects which includes amongst others that the petitioner has been falsely implicated as he was carrying out query in respect of land for which he has an agreement with the Government Authorities. Unnecessarily the police authorities and the land authorities are harassing the petitioner.
Mr. Hossain, learned advocate appearing for the State has produced the case diary.
After submission of the supplementary charge-sheet, I am of the view that there were earlier irregularities which have been
2
cured by the supplementary charge-sheet being filed. However, the factual inconsistencies, which are matters of defence, are to be agitated at the appropriate stage. Accordingly, debatable question of facts as raised by the learned advocate appearing for the petitioner is to be agitated before the learned trial court and, if so advised, in an application under Section 239 of the Code of Criminal Procedure at the stage of consideration of charge.
With the aforesaid observations, CRR 1664 of 2020 is
disposed of.
Pending application, if any, is consequently disposed of. Interim order, if any, is hereby vacated.
All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
2 issues framed by the court
Whether factual inconsistencies arising after the filing of a supplementary charge-sheet can be argued before the trial court under Section 239 CrPC.
Whether a challenge to police impugned proceedings based on alleged false implication can be maintained at this stage.
1 provisions across 1 enactments
Dinobandhu Das Bairagya
The State of West Bengal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
