Dismissed

Swapan Kumar Das and Ors. v. State of West Bengal and Anr.

Calcutta HC16 Dec 2022CRR/559/2021

Case brief

AI extract

What is this about?

This revisional application under Sections 401 and 482 CrPC challenging proceedings under Sections 302/201/34 IPC was dismissed. The court held that pleas of alibi or different facts must be appreciated during trial or placed before the Investigating Officer, and the court will not ascertain the truth or falsity of allegations under Section 482 CrPC.

What did the court decide?

The revisional application and pending applications are dismissed and disposed of.

Swapan Kumar Das and Ors. Vs State of West Bengal… — Writ and Judicial Review | Calcutta HC (2022)

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16-12-2022 Subha Item no.12 Ct no.34

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IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction

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CRR 559 of 2021

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Manasa Kumar Das & Ors. -versus-

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Re : An application under Section 401 read with Section 482 of the Cr.P.C.

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Mr. Arijit Ganguly Mr. Arani Bhattacharya ……for the State.

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The present revisional application has been preferred challenging proceedings Mohanpur P. S. Case No. 122 of 2020 dated 26.10.2020 under Sections 302/201/34 of the Indian Penal Code.

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Records of this revisional application reflect that the petitioners were named in the 1st FIR and the petitioners approached this court at a stage when the investigation of the case was in progress.

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The factum which has been narrated over here in the revisional application relates to a set of counter-facts, which according to the petitioners, do nullify the First Information Report investigated by the police authorities.

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As none appeared on behalf of the State, Mr. Arijit Ganguly, who ordinarily appears on behalf of the state was directed to represent the State. His appointment may be regularized by the concerned Authorities in due course.

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I have considered the contentions advanced in the revisional application.

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The plea of alibi and/or a different fact or factual circumstances are to be appreciated in course of the trial of the case or the same should be placed before the Investigating Officer for unearthing the truth. This court while exercising jurisdiction under Section 482 of the Code of Criminal Procedure will not enter into the domain of truth or falsity of the allegations.

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As such, no interference is called for.

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Accordingly, the revisional application being CRR 559 of 2021 is dismissed.

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Pending applications, if any, are consequently disposed of.

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All concerned parties are to act in terms of a copy of this order duly downloaded from the official website of this court.

¶18

[Tirthankar Ghosh, J]

Swapan Kumar Das and Ors. v. State of West Bengal and Anr.

Case brief

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Swapan Kumar Das and Ors. v. State of West Bengal and Anr.

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