Dismissed¶11

MD Afaq @ Afaque v. State of West Bengal and Ors.

Calcutta HC17 Feb 2026CRR/1882/2023

Case brief

AI extract

What is this about?

Calcutta High Court; CRR 1882 of 2023; decided 17.02.2026; Chaitali Chatterjee (Das), J.; Section 482 Criminal Procedure Code; inherent jurisdiction; reinvestigation; further investigation; fresh charge sheet; co-accused; charge sheet dated 30th September 2021; Sections 341/325 IPC; Section 302 IPC; FIR dated 1st July 2021; second FIR dated 15th August 2021; Naraji Petition; Sadique Alam; Yusuf Reza @ Yusuf Ali; Md. Afaq @ Afaque; dismissed without cost.

What did the court decide?

None; the revisional application was dismissed without cost, with a direction to the learned Magistrate to proceed with the pending application expeditiously. ¶11

MD Afaq @ Afaque Vs State of West Bengal and… — Murder and Culpable Homicide | Calcutta HC (2026)

What the court decided

AI extract

Outcome

None; the revisional application was dismissed without cost, with a direction to the learned Magistrate to proceed with the pending application expeditiously.

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Issue for consideration

Whether the petitioner (defacto-complainant) could seek reinvestigation, a fresh charge sheet, or addition of co-accused persons through a revisional application under Section 482 CrPC after submission of the charge sheet. +2 more

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Court's answer

In view of the catena of decisions referred to, in order to have fair justice the petitioner is at liberty to pray for reinvestigation or further investigation rather than filing a revisional application.

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Ratio / Principle

Instead of praying for reinvestigation or further investigation, the petitioner opted to file a revisional application; this Court, under its inherent jurisdiction, ought not to have interfered at this (post-charge-sheet) stage.

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Key takeaways

The learned Magistrate is directed to proceed with the application (Naraji Petition) pending before him, as submitted by the petitioner's advocate before this Court, as expeditiously as possible.ratio¶10

Detailed headnote1 paragraphs

Criminal revision (CRR 1882 of 2023, Calcutta High Court, Chaitali Chatterjee (Das), J., decided 17.02.2026) filed under Section 482 of the Criminal Procedure Code by the defacto-complainant, Md. Afaq @ Afaque, after a charge sheet was submitted on 30th September, 2021 under Sections 341/325 IPC with Section 302 IPC added, seeking reinvestigation, a fresh charge sheet, or addition of co-accused (including Sadique Alam, named in a second FIR of 15th August, 2021). Noting that a Naraji Petition was pending before the learned Magistrate, the Court held it ought not interfere under its inherent jurisdiction at the post-charge-sheet stage, observed that the petitioner was at liberty to pray for reinvestigation or further investigation, dismissed the revision without cost, and directed the learned Magistrate to proceed with the pending application expeditiously.

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17.02.2026

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Court No.34 S/L. 6. sg

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CRR 1882 of 2023

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In the matter of : Md. Afaq @ Afaque …Petitioner. Mr. Amit Roy Mr. Tanmoy Biswas Ms. Antara Mukherjee …for the petitioner. Mr. Sourav Mondal Mr. M. Nazar Chowdhury Mrs. Priyanka Saha Ms. Farheen Rais …for the opposite party. Mr. Debasish Roy, Ld. P.P. Mr. Imran Ali Mrs. Debjani Sahu …for the State.

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Compliance report has been placed before this Court; let it be kept with the record. It prima facie transpires sufficient evidences were not found against the Kalim namely Sadique Alam in this case. Therefore, investigating officer did not mention their name as accused.

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This revisional application has been filed under Section 482 of the Criminal Procedure Code after charge sheet was submitted on 30^th September, 2021 under Sections 341/325 of the Indian Penal Code and added Section 302 of the Indian Penal Code with a prayer to reinvestigate and filed fresh charge sheet or added coaccused person in the charge sheet.

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It is submitted by the learned advocate representing the petitioner who is defacto-complainant. It is submitted that FIR was lodged on 1^st July, 2021. Second FIR was lodged on 15^th August, 2021, it was not tagged with the present petitioner who was charged only nine and other accused persons not charge sheet. Police authority did not take any legal action even though present petitioner lodged a second FIR against Sadique Alam.

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Learned advocate representing the opposite party raises objection and submits that after filing of the charge sheet no such prayer was made for investigation.

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It is submitted by the learned advocate appearing for the petitioner one Naraji Petition is pending.

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Memo of evidence has handed over on behalf of the prosecution be kept with the record where it was specifically mentioned that accused was directly involved in the case one deceased Yusuf Reza @ Yusuf Ali.

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Heard the submissions. Perused the records, in this case charge sheet has been submitted under Sections 341/325 of IPC and added Section 302 IPC then it has come one Naraji Petition is pending before the learned Court of Magistrate for disposal.

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Hence this Court is unable to consider the prayer as to why this revisional application has filed before this Court after charge sheet has filed. In view of the catena of decisions suggests are there when in order to have fair justice, petitioner is at liberty to pray for reinvestigation or further investigation but instead of that

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recourse petitioner opted filing revisional application whereby this Court under inherent jurisdiction ought not to have interfered at this stage.

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Hence learned Magistrate is directed to proceed with the application pending before him as submitted before this Court by the learned advocate appearing for the petitioner as expeditiously as possible.

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Hence this revisional application being CRR 1882 of 2023 is dismissed without cost.

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Parties are to act on the server copy of this order downloaded from the official website of the Calcutta High Court.

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[Chaitali Chatterjee (Das), J.]

MD Afaq @ Afaque v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

MD Afaq @ Afaque v. State of West Bengal and Ors.

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Statutes considered

Procedural history

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