Calcutta High Court (Appellete Side)
Rafikul Sk. @ Md. Rafikul Islam vs The State Of West Bengal & Ors on 18 October, 2011
Author: Dipankar Datta
Bench: Dipankar Datta
18- 10-2011 28 AST 1341 of 2011 md.
Rafikul Sk. @ Md. Rafikul Islam
-Vs-
The State of West Bengal & Ors.
Mr. Avijit Chakraborty Mr. Amarendra Chakraborty Mr. Arunabha Moitra... for the Petitioner.
Mr. D. Saha Roy Mr. S. Sengupta ... for the State.
The petitioner prays for quashing of First Information Report on the ground that on the date of commission of the alleged offences, he was away in Bangladesh.
Learned Advocate appearing for the petitioner contends that he has been falsely implicated. Therefore, this is a fit and proper case where the Court's interference is warranted.
Whether or not the petitioner was away in Bangladesh during the relevant period must be established by him before the Criminal Court. On the basis of affidavits the said question cannot be decided.
2I find no reason to interfere. The writ-petition is dismissed without costs.
It is made clear that the petitioner shall be entitled to raise all points in defence if the situation so warrants and the learned Judge of the Criminal Court shall proceed to decide the case before him uninfluenced by the dismissal of this writ-petition.
Let photocopy of this order, duly countersigned by the Assistant Registrar (Court) be given to the parties on usual undertakings.
(Dipankar Datta, J.)