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Calcutta High Court (Appellete Side)
Chandan Kumar Maity vs Unknown on 13 February, 2024
Author: Tirthankar Ghosh
Bench: Tirthankar Ghosh
13.02.2024
Serial no. 5
[G.S.D]
CRR 4149 of 2022
In the matter of : Chandan Kumar Maity
… … Petitioner
Ms. Diksha Ghosh … for the Petitioner
The petitioner has challenged the continuation of the
charge-sheet filed in connection with Gangarampur P.S. 252
of 2021 dated 7.07.2021, wherein the investigating agency
on conclusion of investigation submitted charge sheet under
section 498A/323/506 of the IPC.
Ld. advocate appearing for the petitioner has taken
this court through the statement under section 161 of the
cr.p.c. as also the declaration which includes the Office
Register as well as a letter, which was received.
I have considered the statements under section 161
of the cr.p.c. which is the foundation of the report under
section 173 of the cr.p.c.
Having considered the same and the nature of the
documents relied upon by the petitioner, I am of the view
that the same do not satisfy the test of sterling quality.
However, the records reflect that the charges are yet
to be framed before the ld. jurisdictional court.
2
Accordingly, the petitioner would be at liberty to take
up the issues canvassed in the present revisional application
at the stage of consideration of the charges before the ld.
trial court. The ld. trial court would independently consider
the prayer of the petitioner without being influenced by any
of the observations made by this court.
With the aforesaid observations, CRR 4149 of 2022 is
disposed of.
Pending application, if any, is also disposed of.
Parties to act on a server copy of this order duly
collected from the official website of the Hon’ble High Court,
Calcutta.
Urgent Photostat certified copy of this order, if
applied for, be supplied to the parties, subject to compliance
with all requisite formalities.
(Tirthankar Ghosh, J.)