Citation : 2023 Latest Caselaw 7339 Cal
Judgement Date : 19 October, 2023
IN THE HIGH COURT AT CALCUTTA 19-10-2023
Criminal Revisional Jurisdiction Subha Item no. 16 CRR 4085 of 2023 Ct no.34 Salem Khan
-versus-
The State of West Bengal and Anr.
Mr. Sabyasachi Chatterjee Mr. Imteaz Ahamed Mr. Shamim Ahmed Mr. Amitabho Ghosh ...for the petitioner.
Mr. S. G. Mukherji, ld. PP ...for the State.
The present revisional application has been preferred wherein
the de facto complainant is dissatisfied with the investigation and has
prayed for further investigation under the provisions of Section 173(8)
of the Code of Criminal Procedure.
The said protest petition has already been rejected as
submitted by Mr. Chatterjee, learned advocate for the petitioner.
Mr. Mukherji, learned Public Prosecutor, High Court, Calcutta
appears on behalf of the State and refers to a judgment dated 21st
June, 2022 passed in WPA 3271 of 2022, wherein a specific direction
was passed by a Co-ordinate Bench for expeditely disposing of the trial
within a period of six months.
According to Mr. Mukherji, learned PP the time line has
started running and as such the prosecution is pressed hard to
progress with the trial of the case.
Be that as it may, I find that there were direction by a Hon'ble
Judge of this court. The grievance of the petitioner is in respect of the
totality of the investigation and the protest petition not being
considered by the jurisdictional court.
Having considered the same, I am of the opinion that the
present revisional application must be heard by a court having
determination, which adjudicated WPA 3721 of 2022.
Accordingly, let the revisional application be released from this
list and placed before the Hon'ble the Chief Justice for appropriate
assignment.
All concerned parties are to act in terms of a copy of this order
duly downloaded from the official website of this court.
[Tirthankar Ghosh, J]
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