Gopa Sastri vs The State Of West Bengal & Anr on 31 March, 2023
5. Refuting such contention Mr. Swapan Mallick, learned Counsel for
the opposite party no. 2 submits that when charge sheet has been
submitted by the police, after investigation it is to be presumed that
police collected evidence, sufficient to send the petitioner for trial as
an accused person. The Court, therefore, at this stage, may impose
self restraint from invoking the provision of Section 482 of the Cr.P.C.
to interfere with the order impugned. The accused persons including
the petitioner should join the trial. To buttress his points Mr. Mallick
places reliance upon the judgement of Hon'ble Apex Court
pronounced in the case of Indu Jain vs. State of Madhya Pradesh
& Ors. reported in (2009) 3 SCC (Cri) 996; Soma Chakraborty vs.
State (through CBI) reported in (2007) 2 SCC (Cri) 514; Bhawna
Bai vs. Ghanshyam & Ors. reported in (2020) 1 SCC (Cri) 581;
Mustaq Ahmed vs. Md. Habibur Rahaman Faizi & Ors. reported in
(1996) CCRLR (SC) 199.