C.R.R. No. 2364 of 2019
In re : Mir Rasel Rahaman @ Mir Rasal Rahaman Ors.
Re: Application under Section 401 read with Section 482 of the
Code of Criminal Procedure filed on 28.08.2019
Mr. Ayan Bhattacharjee,
Mr. Mir Anowar.
…for the petitioners.
Mr. Bidyut Kumar Roy and Mrs. Sujata Das, who usually appear for
the State, agree to represent it since none appears.
Let the appointments of Mr. Roy and Mrs. Das be regularized by the
Office of the Public Prosecutor, High Court, Calcutta.
The revisionists complain by reference to a statement under Section
161 of the Code of Criminal Procedure made by the complainant in
connection with Nabadwip Police Station Case No. 47 of 2019 dated
02.02.2019 under Sections 498A/Section307 read with Section 34 of the Indian
Penal Code that she may been doused with kerosene by the revisionists but
the actual act of causing harm to her to attract the provisions of Section
307 of the Code are not available.
Counsel for the revisionists further submits that in her statement
recorded under Section 161 of the Code, she stated that she has not been
able to trace out the clothes, she was wearing while she was doused in
This Court is of the view that it would be premature to interfere with
the proceedings at this stage since the charge is being framed by the Court
The petitioners would be at liberty to urge all points available under
the law during the process of framing of charge before the Court below.
With the aforesaid observations, the instant revisional application is
Urgent photostat certified copy of this order, if applied for, be
supplied to the parties as early as possible.
(Rajasekhar Mantha, J.)