In C.R.R. No. 428 of 2021, the single judge dismissed an application under Section 401 read with Section 482 CrPC for quashing a charge-sheet. The court held that verifying witnesses was not fit and proper at this stage.
Application CRR 428 of 2021 is disposed of.
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/L30
C.R.R.428 of 2021
15.12.2022 Bpg. In Re: An application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973;
Tithi Chakraborty and another Versus The State of West Bengal and another
Mr. Ayan Bhattacherjee, Mr. Aditya Ratan Tiwary, Mr. S. Mondal, Mr. Suman Majumder. …for the opposite party no.2.
Mr. Madhusudan Sur, Mr. Dipankar Paramanick. …for the State.
The petitioners preferred an application for quashing of the charge-sheet submitted in connection with Alipore Police Station Case No.153 of 2019. The charge-sheet was submitted under Sections 341/506/354/114 of the Indian Penal Code.
Having regard to the statement of the witnesses relied upon by the prosecution in order to establish its case, I am of the opinion at this nascent stage, it would not be fit and proper to test the veracity of the statement under Section 161 of the Code of Criminal Procedure. The petitioners would be at liberty to agitate the points canvassed in the present revisional application at the appropriate stage of the proceedings.
With the aforesaid observations, CRR 428 of 2021 is disposed of.
Pending application, if any, is consequently disposed of.
2
All 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 of all requisite formalities.
(Tirthankar Ghosh, J.)
1 issue framed by the court
Whether the High Court should quash the charge-sheet in the Alipore Police Station Case No. 153 of 2019 at this nascent stage.
2 provisions across 2 enactments
Tithi Chakraborty and another
The State of West Bengal and another
Tirthankar Ghosh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
