IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(S). 3828 OF 2023 (ARISING OUT OF S.L.P. (CRIMINAL) NO(S).207/2022)
KOUSHIK MAJUMDER APPELLANT(S)
VERSUS
STATE OF WEST BENGAL & ANR. RESPONDENT(S)
O R D E R
Heard the learned counsel appearing for the parties.
Leave granted.
An application made by the second respondent (complainant) for
further investigation was rejected by the learned Magistrate.
Being aggrieved by the said order, the second respondent filed a
revision application before the High Court. By the impugned order
dated 16th November, 2021, the High Court declined the prayer for
further investigation. However, the High Court passed the
following order:
“However, the learned Additional Chief Judicial Magistrate, Alipore is directed to take cognizance on the materials already available on record and proceed with the case. It would be in the fitness of circumstances, for the learned Magistrate to decide the witnesses and the materials copies of which should be supplied to the accused and then commit the case to the appropriate forum to proceed in accordance with law.”
The learned counsel appearing for the second respondent
submitted that the prayer for further investigation was rejected by
the High Court on the premise that the Court was of the opinion
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that the cognizance of the offence h...