Calcutta High Court (Appellete Side)
An Application Under Sections 401 Read vs Unknown on 21 February, 2020
Author: Tirthankar Ghosh
Bench: Tirthankar Ghosh
1 AD 37 21-02-2020
s. d.
ct, no.34 CRR 616 of 2020 In Re : Ajit Kumar Chatterjee and anr.
......petitioners.
In the matter of : An application under Sections 401 read with Section 482 of the Cr. P. C. Mr. Apurba Kumar Datta ..... for the Petitioners.
The present application has been preferred challenging the proceedings relate to Arambag P. S. Case No. 362 of 2017 dated 02.04.2017 (G. R. Case No. 707 of 2017) pending before the learned Judicial Magistrate, 1st Class, 2nd Court, Arambag, Hooghly.
The learned advocate appearing for the petitioners submits that the allegations made in the charge-sheet, prima facie, do not make out any case under Sections 406/420/184/323/506/34 of the Indian Penal Code. There is no document or seizure list reflecting the money so alleged to have been accepted. The case has been filed only on the 2 basis of oral assertions and the petitioners have been dragged into for facing the trial.
I do not find in the revision application the copies under Section 207 of the Code of Criminal Procedure which is the foundation of the offence, being enclosed.
In view of the aforesaid, the petitioners are granted liberty to agitate the points canvassed in the revisional application at the time of consideration of charge. No interference is called for at this stage.
With the above observations, CRR 616 of 2020 is disposed of.
Urgent Photostat certified copies of this order, if applied for, be made available to the petitioner upon compliance with the requisite formalities.
( Tirthankar Ghosh, J. )