Dismissed¶15

Sulata Das v. State of West Bengal

Calcutta HC5 Feb 2024CRR/180/2024

Case brief

AI extract

What is this about?

CRR 180 of 2024; Sulata Das; premature revisional application dismissed; Mathurapur P.S. Case No. 248 of 2022; charge-sheet dated 31.5.2023 before Jurisdictional Court; money in instalments for employment; loan on stamp paper; dishonoured cheque; nine witnesses; three documents; section 173 Cr.P.C.; section 207 Cr.P.C.; documents not enclosed; Superintendent of Police took no steps; Tirthankar Ghosh, J.; decision 05.02.2024; High Court Calcutta; pending applications dismissed.

What did the court decide?

Interference in respect of the allegation regarding the truth or falsity of the prosecution's case, at this stage, becomes practically impossible, since no documents under section 207 Cr.P.C. have been enclosed along with the present revisional application. ¶12

Sulata Das Vs State of West Bengal — Calcutta HC (2024) — LawSathi Research

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05.02.2024

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Serial no. 3 [G.S.D]

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CRR 180 of 2024

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In the matter of : Sulata Das

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Mr. Sanjib Das

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The facts of the case is that the investigating agency on conclusion of investigation of Mathurapur P.S. Case No. 248 of 2022 submitted charge-sheet dated 31.5.2023 before the ld. Jurisdictional Court.

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The sum and substance of the allegations in the charge-sheet were to the effect that the present petitioner took money in instalment for providing employment to the daughter of the complainant. However, on stamp paper, it was narrated that she had taken a loan.

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It was further alleged that a cheque was issued for refunding the amount stated therein. However, the cheque on being presented was dishonoured.

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On the basis of such foundation, the investigating agency relying upon nine witnesses submitted charge-sheet. The investigating agency also relied upon three documents as is reflected from the report under section 173 of the cr.p.c., which incorporates a written declaration, Cheque of PNB Bank, Pan Card, Aadhar Card and one envelope

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containing specimen signature/hand writing of the present petitioner.

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However, no documents under section of the 207 of the cr.p.c. have been enclosed along with the present revisional application. As such, to interfere in respect of the allegation regarding the truth or falsity of the prosecution’s case, at this stage, becomes practically impossible.

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The petitioner submits that pursuant to the earlier order he has communicated to the office of the concerned Superintendent of Police. But the Superintendent of Police did not take any steps.

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Having considered the nature of materials relied upon for interference in respect of the proceedings in the present revisional application, I am of the view that the present revisional application is premature.

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With the aforesaid observations, CRR 180 of 2024 is dismissed.

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Pending application, if any, is also dismissed.

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Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta.

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Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

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(Tirthankar Ghosh, J.)

Sulata Das v. State of West Bengal

Case brief

What is this about?

What did the court decide?

Sulata Das v. State of West Bengal

Case brief

What is this about?

What did the court decide?

What the court decided

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