Single judge holding that no interference is possible in the revisional application at the stage when investigation report is yet to be submitted. Petitioner permitted to approach at charge stage.
Petitioner allowed liberty to approach at the stage of consideration of charge.
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.
01-12-2022
Subha Item no.12 Ct no.34
IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction
CRR 352 of 2021
Sri Subrata Sadhukhan
-versus-
The State of West Bengal & Anr.
Re : An application under Section 401 read with Section 482 read of the Cr.P.C.
Mr. Swapan Banerjee, ld. APP Mrs. Purnima Ghosh …..for the State.
The subject matter of challenge in the revisional application relates to investigation arising out of Burtolla P. S. Case No. 327 dated 25.12.2016 under sections 420/423/425/436/440/467/472/120B IPC.
Mr. Swapan Banerjee, learned advocate appears on behalf of the State and opposes the contentions advanced in the revisional application.
Petitioner approached this court at a stage when the learned Additional Chief Metropolitan Magistrate, 1st Court, Calcutta was pursuing his level best for the report under Section 173 of the Code of Criminal Procedure to be submitted before the court.
Having regard to the stage at which the petitioner approached this court, I am of the opinion that no interference can be made at this stage.
Petitioner would be at liberty to advance his grievances at the stage of the consideration of charge before the learned trial court at
2
the appropriate stage.
With the aforesaid observations, the present revisional application being CRR 352 of 2021 is disposed of.
Pending applications, if any, are consequently disposed of.
All concerned parties are to act in terms of a copy of this order
duly downloaded from the official website of this court.
[Tirthankar Ghosh, J]
1 issue framed by the court
Whether this court can interfere in a criminal matter at the stage before submission of the investigation report under Section 173 CrPC.
2 provisions across 2 enactments
Sri Subrata Sadhukhan
The State of West Bengal
Tirthankar Ghosh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
