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Chandan Kumar Maity vs Unknown on 13 February, 2024

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Calcutta High Court (Appellete Side)

Chandan Kumar Maity vs Unknown on 13 February, 2024

Author: Tirthankar Ghosh

Bench: Tirthankar Ghosh

Serial no. 5

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.

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,

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.)

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