Rajani Pandey & Ors vs The State Of West Bengal & Anr
2023 Latest Caselaw 1904 Cal

22.03.2023 Ct. No.34 S/L No.9 KS C.R.R. 252 of 2021

Rajani Pandey & Ors.

-Vs.-

The State of West Bengal & Anr.

Mr. Sandipan Ganguly Mr. S. Gole Mr. R. Sarkar Mr. K. Dudhewalla Mr. S. Adhikari .....For the Petitioners Mr. Ayan Basu Mr. Sumit Routh Ms. Rima Coomer Ms. Trishani Dey ..... For the O.P. No.2 Mr. R. Nandy Mr. B. Banerjee .....For the State

Mr. Sandipan Ganguly, learned senior advocate appears on behalf

of the petitioners.

Mr. Basu, learned advocate appearing on behalf of the private

opposite party relies upon State of Maharashtra Vs. Sayed Mohammed

Masood & Anr. reported in 2009 (8) SCC 787 and submits that even if the

allegations in the First Information Report do not make out an offence but

in continuation of the investigation if certain other materials have surfaced

then it should be allowed to be taken to its logical conclusion. According to

the learned advocate termination of the First Information Report at this

stage will deprive the right of the Investigating Agency in this case where

they have found sufficient materials. Learned advocate distinguishes the

judgment of Usha Chakraborty & Anr. Vs. State of West Bengal & Anr.

Mr. Nandy, learned advocate appearing for the State prays for three

weeks time to assess regarding the documents which have surfaced.

In view of such prayers advanced, list this revisional application

under the same heading on 17th April, 2023.

The Investigating Agency will carry out the investigation but will

not take any coercive steps so far as the petitioners are concerned till the

next date fixed for hearing.

All parties are directed to act on the server copy of this order

downloaded from the official website of this Hon'ble Court.

(Tirthankar Ghosh, J.)