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Judgments of Supreme Court of India and High Courts

CRR/2364/2019 on 17 September, 2019

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17.09.2019
(83)

(ap)
C.R.R. No. 2364 of 2019

In re : Mir Rasel Rahaman @ Mir Rasal Rahaman Ors.

..Petitioners.

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

kerosene.

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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

below.

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

dismissed.

Urgent photostat certified copy of this order, if applied for, be

supplied to the parties as early as possible.

(Rajasekhar Mantha, J.)

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