BIKASH SARKAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This instant Criminal Revisional application has been filed by the petitioners challenging the correctness, legality and propriety of an order dtd. 6/1/2022 passed by the Court of Learned Additional Chief Judicial Magistrate, Nadia at Ranaghat in connection with G.R. No. 609/2018 arising out of Taherpur Police Station Case No. 64/2018 dtd. 19/4/2018 under Ss. 447/341/326/307/302/34 of the Indian Penal Code, 1860 thereby the learned Magistrate took cognizance against the present petitioners though they are not charge-sheeted in the police report.

(2.) The factual matrix of the instant case leading to filing of this application is as under: -

(3.) Learned Advocate appearing on behalf of the Petitioners contended that the learned Court below erred in law in taking cognizance against the present petitioners though they have not been charge-sheeted. The Investigating Officer has prayed for discharge of these petitioners as no sufficient materials found against them during the investigation. When there are no materials against the present petitioners then learned Magistrate should not have been taken cognizance against the present petitioners rather the petitioners herein ought to have been discharged from the case.