Disposed

Nand Kishor Shaw and Anr. v. State of West Bengal and Anr.

Calcutta HC28 Nov 2023CRR/1835/2022

Case brief

AI extract

What is this about?

The High Court of Calcutta addressed a challenge to the continuance of criminal proceedings. It held that interference at the revisional stage is unnecessary as the trial court is competent to determine if an offence is made out under Sections 239 or 240 CrPC.

What did the court decide?

The revisional application CRR 1835 of 2023 was disposed of without interference.

Nand Kishor Shaw and Anr. Vs State of West… — Civil Procedure and Limitation | Calcutta HC (2023)

¶1

28-11-2023

¶2

Subha Item no. 11 Ct no.34

¶3

IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction

¶4

CRR 1835 of 2023

¶5

Nand Kishor Shaw and Anr.

¶6

-versus-

¶7

State of West Bengal

¶8

Mr. Kanishk Sinha …..for the petitioners.

¶9

Mr. Neguive Ahmed Ms. Amita Gaur ……for the State.

¶10

Supplementary affidavit so filed be kept with record.

¶11

The subject matter of the revisional application relates to M. P. Ghora Police Station Case No. 221 of 2021.

¶12

Learned advocate for the petitioners challenged the continuance of the proceedings and submits that the chargesheet which has been submitted by the Investigating Officer on completion of investigation is concocted in view of the fact that one of the witnesses referred to therein as PW-3 has categorically stated on oath that he was not examined by the police authorities.

¶13

Secondly, it has been submitted that even if the allegations in the complaint are accepted to be true in its entirety, no offence under Section 341 of the Indian Penal Code is made out.

¶14

I have considered the submissions and have also taken into account the case diary, which has been produced by Mrs. Gaur, learned advocate for the State. There are medical reports of injury. The names of the present petitioners are surfacing so far as their

¶15

¶16

alleged complicity are concerned. At this stage, the duty of the court is to see whether any offence has been made out and which sections are to be applied.

¶17

Thus, no interference is made by this court at this stage. The learned trial court in seisin of the trial of the case at the stage of the consideration of charges would take into account the facts and apply the provisions of Sections 239 or 240 of the Code of Criminal Procedure.

¶18

With the aforesaid observations, the revisional application being CRR 1835 of 2022 is disposed of.

¶19

Pending applications, if any, are disposed of accordingly.

¶20

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

¶21

[Tirthankar Ghosh, J]

Nand Kishor Shaw and Anr. v. State of West Bengal and Anr.

Case brief

What is this about?

What did the court decide?

Nand Kishor Shaw and Anr. v. State of West Bengal and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Sanjib Pandit @ Bapi Vs State of West Bengal

Suparnakanti Paria @ Totan and Others Vs State of West Bengal and Anr.

Vicky Jamiyatrai Bhavnani and Another Vs State of West Bengal and Anr.

Totan Gorai and Ors. Vs State of West Bengal

Ashok Kumar Murarka and Others Vs State of West Bengal and Anr.

Anulekha Sahu @ Anulekha Sahoo and Others Vs State of West Bengal and Anr.