Calcutta High Court (Appellete Side)
Subham Roy Chowdhury & Anr vs The State Of West Bengal & Ors on 8 February, 2019
Author: Subhasis Dasgupta
Bench: Subhasis Dasgupta
1 08.2.2019 Item No. 37 Court No.40 A.B. CRR No. 321 of 2019 In the matter of: Subham Roy Chowdhury & Anr.
Petitioners
- versus -
The State of West Bengal & Ors.
Opposite Parties Mr. Deepak Prahladka Mr. Ajoy Roy Chowdhury For the Petitioners Impugned order rejecting the prayer for discharge by the learned Additional Chief Judicial Magistrate, Alipore, South 24 Parganas is the subject of assail in this case. According to learned advocate for the revisionist there has been total non-consideration of the materials already collected in the 161 statement by the learned Magistrate while the order of discharge was recorded by the Court below. It reveals from the impugned order that there are enough materials in the C.D. making out a prima facie case so as to frame charge against the accused persons. Accordingly, learned Magistrate was pleased to reject the prayer for discharge making observation as above. Since the Court has fixed date for framing charge after rejecting the prayer for discharge, the Court is not inclined to pass any interim order of stay at this stage unless some glaring defects either in the procedure or in the application of law is established.
However, Petitioner is directed to serve application along with all annexures upon the opposite parties including State of West Bengal and to furnish affidavit of service on the returnable date.
Matter to appear in the list as 'contested application' four weeks hence.
(Subhasis Dasgupta, J.) 1 2 2