Sk. Murtoja @ Sk. Murtaja And ... vs The State Of West Bengal & Anr
2023 Latest Caselaw 1843 Cal

Form J(1)        IN THE HIGH COURT AT CALCUTTA
                    Criminal Revisional Jurisdiction
                              Appellate Side


Present :
The Hon'ble Justice Bibek Chaudhuri

                             CRR 559 of 2023


                     Sk. Murtoja @ Sk. Murtaja and Others
                                    Vs.
                       The State of West Bengal & Anr.




      Mr. Moyukh Mukherjee
      Mr. Abhijit Singh
                   ...for the petitioners


Item No. 28


Heard & Judgment on:          20.03.2023


Bibek Chaudhuri, J.

On the basis of a written complaint submitted by the opposite

party No.2 Kolaghat Police Station Case No. 13 of 2022 dated 13 th

January, 2022 under Sections 447/436/427/34 of the Indian Penal

Code was registered. Police submitted charge sheet against the

accused under the above mentioned penal provisions which gave rise

to G.R. Case No. 114 of 2022.

It is submitted by the learned advocate for the petitioners that

there is long standing dispute with regard to land between the

petitioners and the opposite party No.2. The opposite party No.2

previously lodged a complaint with the police but the police submitted

final report in favour of the petitioners.

In the instant case police submitted charge sheet without

having any corroborative evidence with regard to the allegation that

the accused persons set fire in the grocery shop of the de facto

complainant.

I have carefully perused the charge sheet. During investigation

police seized some burnt pieces of bamboo, one burnt wooden cot,

one burnt wooden door and burnt boxes of plastic of different sizes

from the shop of the de facto complainant. Prima facie there is no

doubt that the grocery shop of the de facto complainant was gutted

by fire. It is pointed out by Mr. Mukherjee, learned advocate for the

petitioners that only the de facto complainant and his wife are the eye

witnesses of the occurrence and there is no body in the village who

could see the incident and the role of the accused persons in

committing the offence. The said issue shall be decided during trial.

The revisional Court is not in a position to appreciate or to find out

whether the evidence collected by the Investigating Officer is

sufficient to warrant conviction of an accused or not.

In view of such circumstances, I do not find any merit in the

instant revision and accordingly the application is summarily

dismissed.

(Bibek Chaudhuri, J.)