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23.12.2025

SL No. 62

Court No. 446

Rohan

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION

APPELLATE SIDE

CRR 3557 of 2025

Ekbal Hossain @ Abu @ Ikbal Hossain & Anr.

Versus

The State of West Bengal

Mr. Sanat Kr. Das,

Mr. Sujan Chatterjee,

Mr. Rohan Bavishi.

… for the Petitioners

Mr. Joydeep Biswas,

Mr. Abhinaba Mukherjee.

… for the State

1. This revisional application has been preferred questioning the legality of

the order dated 5th July, 2025 passed by the learned Additional District

Judge, Bolpur, Birbhum in Sessions Case No. 37 of 2024 arising out of

Labpur P.S. Case No. 51 of 2017 dated 6.4.2017 under Sections

341/342/346/347/329/364/302/201/120B of the Indian Penal Code (for

short, IPC). By the said order, the petition preferred by the accused

person, namely, Aloke Das @ Bappa, seeking supply of certain copies of

documents referred to in the charge-sheet, was rejected on the basis of

the submission advanced on behalf of the prosecution that all the

required documents had already been supplied to all the accused persons,

including Aloke Das @ Bappa.

2. Learned advocate appearing for the petitioner, submits that in the

petition presented before the learned Court below, it was specifically

averred that the documents referred to at serial Nos. 3, 4, 5, 6, 7, 8, 9, 10,

11, 12 and 13 in column No. 9 of the charge-sheet had not been supplied

to the petitioner. He further submits that although the case was initiated

under Sections 364/302 along with certain other provisions of the IPC,

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the body of the victim could not be traced; nevertheless, the petitioner

has been arrayed as an accused and is now being compelled to face the

trial.

3. He further submits that there was no prior acquaintance between the

victim and the present petitioner and that the petitioner has been falsely

implicated in the case. Hence, in order to enable the petitioner to defend

himself effectively, the said documents are required to be supplied to

him. He also submits that very recently the Hon’ble Supreme Court, in a

decision reported in (2023) 2 SCC 353 (Manoj and others vs. State of

Madhya Pradesh), ruled that every document which the prosecution

seeks to rely upon, as well as all documents collected during investigation

by the investigating agency, are required to be supplied to the accused

persons in compliance with the mandatory provisions of Section 207 of

the Code of Criminal Procedure. He, therefore, prays for a direction upon

the prosecution to supply the documents referred to hereinabove to the

accused persons.

4. Mr. Biswas, learned advocate representing the State, submits that

although upon completion of the investigation the charge-sheet has been

submitted, the investigating agency retains certain documents for the

purpose of further investigation and with the intention of producing the

same at the time of trial. He further submits that, if so directed by the

Court, such documents would be supplied to the present accused persons.

5. Heard the learned advocates appearing for the respective parties.

6. To shed light on the issue raised in the revisional application, it would be

apposite to quote the provisions of Section 207 of the Code of Criminal

Procedure, which is as follows: -

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“207. Supply to the accused of copy of police report

and other documents.—In any case where the proceeding

has been instituted on a police report, the Magistrate shall

without delay furnish to the accused, free of cost, a copy of each

of the following:—

(i) the police report;

(ii) the first information report recorded under

section 154;

(iii) the statements recorded under sub-section (3) of

section 161 of all persons whom the prosecution proposes

to examine as its witnesses, excluding therefrom any part

in regard to which a request for such exclusion has been

made by the police officer under sub-section (6) of section

173;

(iv) the confessions and statements, if any, recorded

under section 164;

(v) any other document or relevant extract thereof

forwarded to the Magistrate with the police report und