Calcutta High Court (Appellete Side)
Uttam Kumar Bhowmick & Anr vs The State Of West Bengal & Anr on 28 March, 2025
Author: Sugato Majumdar
Bench: Sugato Majumdar
28.3.2025
Sl.18
Nandita
Court No.40
C.R.R. 4270 of 2024
In Re: – An application under Section 528 read with Sections
438 and 442 of the Bharatiya Nagarik Surakshya Sanghita,
2023 corresponding to Section 482 read with Section 397 and
401 of the Code of Criminal Procedure arising out of Debra
Police Station Case no. 145 of 2024 dated 02.03.2024 under
Sections 447/323/325/506/34 of the Indian Penal Code and
Charge Sheet being No. 187/2024 dated 29.03.2023 pending
before the Learned Chief Judicial Magistrate, Medinipur,
Paschim Medinipur
And
Uttam Kumar Bhowmick & Anr.
Vs.
The State of West Bengal & Anr.
Mr. Anjan Paul,
Mr. Mridul Kanti Sasmal,
….For the Petitioners
Mr. Debasish Roy, Ld. P.P
Ms. Sreyashee Biswas,
Ms. Snigdha Saha
….For the State
Affidavit-of-service filed on behalf of the petitioners be kept
with the record.
This is an application under Section 528 read with
Sections 438 and 442 of the Bharatiya Nagarik Surakshya
Sanghita, 2023, corresponding to Section 482 read with Section
397 and 401 of the Code of Criminal Procedure arising out of
Debra Police Station Case no. 145 of 2024 dated 02.03.2024
under Section 447/323/325/506/34 of the Indian Penal Code
and Charge Sheet being No. 187/2024 dated 29.03.2023
2
pending before the Learned Chief Judicial Magistrate,
Medinipur, Paschim Medinipur.
Perused the Case Diary. There are incriminating elements
against the present petitioner in the Case Diary, as it appears
from the statement of witnesses recorded under Section 161 of
Cr.P.C and other materials.
Learned Counsel for the petitioner submitted that the
allegations are false and baseless. Question of falsity or
baselessness of the allegations are basically question of fact
which cannot be considered at this stage. The petitioner has
liberty to raise all these issues at the time of consideration of
charge.
It is made clear that observations made herein are
tentative only.
Accordingly, the instant application being CRR 4270 of
2024 stands disposed of commitment, if not done and
consideration of charge shall be expedited.
The Case Diary be returned to the Learned Counsel for the
State.
Urgent certified photocopy of this order, if applied for,
shall be supplied to the parties upon compliance of all necessary
formalities.
(Sugato Majumdar, J.)