Md. Nasir Hossain vs Th Stat Of We Bengal
2022 Latest Caselaw 8528 Cal

Form J(1)       IN THE HIGH COURT AT CALCUTTA
                   Criminal Revisional Jurisdiction
                               Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri
                          C.R.R. 2989 of 2022
                           Md. Nasir Hossain
                                  Vs.
                     Th    Stat of We Bengal

For the petitioner        : Mr. Imtiaz Ahmed, Adv.
                            Mrs. Ghazala Firdaus, Adv.
                            Mr. Mofakkerul Islam, Adv.
                            Mr. Sk. Saidullah, Adv.
                            Mr. Mithun Mondal, Adv.
                            Md. Arsalan, Adv.
                            Mr. Julfikar Alam, Adv.

For the State             : Mr. Sandip Chakrabarty, Adv.

Heard on                  : 20.12.2022

Judgment On               : 20.12.2022.

Bibek Chaudhuri, J.

Invoking this Court's jurisdiction under Section 482 of the Code

of Criminal Procedure, the petitioner has prayed for quashing of the

proceedings being G.R.Case No.857 of 2020 arising out of Suti Police

Station Case No.235 of 2020 dated 4 th June, 2020 and charge sheet

being No.246 of 2020 dated 19 th June, 2020 under Sections

448/323/326/308/34 of the Indian Penal Code presently poending

before the learned Additional Chief Judicial Magistrate, Jangipur,

Murshidabad.

It is frankly submitted by the learned Advocate for the

petitioner that though the petitioner has challenged the impugned

proceeding on various grounds and finally praying for quashing of the

instant application, the instant revision may be disposed of granting

liberty to the petitioner to file an application under Section 227 of the

Code of Criminal Procedure praying for his discharge before the

learned Magistrate raising all such points in the instant revision at the

appropriate stage.

Mr. Sandip Chakrabarty, learned Public Prosecutor-in-Charge is

requested to assist this Court on behalf of the State of West

Bengal/opposite party. Appointment of Mr. Chakrabarty be

regularized by the learned Legal Remembrancer, Govertnment of West

Bengal.

It is submitted by Mr. Sandip Chakrabarty on behalf of the State

of West Bengal that the petitioner may be granted liberty as prayed

for and permitted to raise all such issues by filing an application under

Section 227 of the Code of Criminal Procedure.

In view of such submission, the instant application is disposed

of granting liberty to the petitioner to raise all such issues involved in

the instant revision before the learned Additional Chief Judicial

Magistrate at Jangipur, Murshidabad by filing an application under Section 227 of the Code of Criminal Procedure praying for his

discharge.

If any such application is filed by the petitioner, the learned

Magistrate is at liberty to dispose of the said application without being

influenced in any way by the instant order.

The instant revisional application is disposed of.

Parties are at liberty to act on the server copy of the order.

(Bibek Chaudhuri, J.)

Mithun De/ A.R. (Ct).

Sl No.14.