Single judge dismissed a revisional application under Section 482 Cr.P.C. as belated filed to set aside a charge-sheet, directing the petitioner to approach the Magistrate for grievances regarding investigation.
Application dismissed; direction to approach Court of Learned Magistrate for investigation-related grievances.
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15.6.2022 S.D. 26.
C.R.R. 5 of 2022
Baputu Paramanik Vs. The State of West Bengal & Ors.
Ms. Pampa Dey Dhabal
…For the petitioner.
Ms. Pampa Dey Dhabal, learned advocate appears for the petitioner and files a supplementary affidavit enclosing a certified copy of an order passed in G.R. Case No. 481 of 2018.
The petitioner has filed this application under Section 482 of the Cr.P.C. praying for a direction for setting aside the Charge Sheet no. 88 of 2018 submitted in Patrasayer Police Station Case No. 75 of 2018 dated 10.8.2018 under Section 323/325//354B/435/506/34 of the IPC.
Learned advocate submitted that the investigation in the case has not been properly done and verbally prayed for an order for further investigation.
It is further contended that in the statements under section 161 of Cr. P.C made by the witnesses another name has transpired as an accused but the Investigating Officer has not arrayed the person as an accused in the charge-sheet and deliberately left him out.
There is no averment in the application to indicate that any objection was filed by the complainant/petitioner against the charge-sheet submitted or soon thereafter.
2
Under such circumstances, this belated application cannot be admitted. The revisional application is disposed of with a direction that the petitioner may approach the Court of the Learned Magistrate for ventilating her grievance in respect of the investigation conducted. Learned Magistrate shall dispose of such prayer in accordance with law considering its propriety at this belated stage.
Let a copy of this order be communicated to learned Judicial Magistrate, 2nd Court, Bishnupur for information.
Ananda Kumar Mukherjee, J. )
1 issue framed by the court
Whether a belated application under Section 482 Cr.P.C. filed to set aside a charge-sheet without prior objection should be admitted.
1 provisions across 1 enactments
Baputu Paramanik
The State of West Bengal
Ananda Kumar Mukherjee
As recorded by the court registry
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