Uttam Kumar Halder v. State Of West Bengal & ORS
WPA 297 of 2020 Sl.No.
01.08.2025 17With Court No. 35 CAN 1 of 2020 CAN 2 of 2022 G.S.Das With CRR 617 of 2025 With WPA 7054 of 2024 With CAN 1 of 2024 Uttam Kumar Halder -VsThe State of West Bengal & Ors.
Mr. Uttar Kumar Halder ... Petitioner-in-person Mr. Debnarayan Patra Mr. Pashupati Sana ... for the State-respondent(s) In WPA 7054 of 2024 Mr. Moyukh Mukherjee Mr. Abhijit Singh Ms. Sagnika Banerjee ... for the respondent nos.8 and 10 In WPA 297 of 2020 Mr. Pantu Deb Roy, ld. AGP Mr. Subrata Guha Biswas ... for the State in WPA 297 of 2020 Mr. Debasis Roy, ld. PP Mr. Arijit Gangly ... for the State in CRR 617/25 Re CRR 617 of 2025 The petitioner (in person) is aggrieved by the fact that proper Sections
were not incorporated when the ChargeSheet was submitted before jurisdictional court.
It has been emphatically stated by the petitioner that he was assaulted within the four walls of the court room as also attacked in an organized manner. The same led to severe injuries for which he had to be shifted to the government hospital.
There are materials which are appearing in the Case Diary. I also find that there are injury reports.
Having considered that the police authorities have recorded the statement of the petitioner being an injured and the value of such statement of an injured, having immense evidentiary value, the same clubbed with the injury reports makes out an offence. As such, it would be the duty of the learned Magistrate while considering the materials appearing in the records to assess regarding the applicability of the Sections as has been
prayed for by the petitioner.
Since Charge-sheet has already been submitted before the jurisdictional Court, the petitioner being a professional advocate may be allowed to assist the learned Public Prosecutor while criminal case is conducted. The learned Magistrate would ensure that the petitioner is not faced with any non-cooperation from the conducting advocate(s) appearing on behalf of the prosecution or the defence, regarding the issue whether there is any justification in accepting the contention which may be filed by way of an application before the concerned court by the defacto-complainant/the petitioner herein. Since the petitioner (appearing-inperson) submits that a prayer for further investigation has been applied before the learned Magistrate, the learned Magistrate in seisin of the same, would consider the overall circumstances appearing in the Case Diary and decide whether there may
be addition and/or alteration of any Section or the provisions of Section 319 of Cr.P.C. can be to be invoked at the appropriate stage.
With the aforesaid observations, CRR 617 of 2025 is disposed of.
WPA 297 of 2020 With WPA 7054 of 2024 The petitioner (appearing-in-person) is still apprehensive regarding carrying out of professional activities at the premises of the ACJM, Baruipur Court because of the private respondents and/or accused in Baruipur PS Case No. 2834 of 2019.
Having considered the same, I direct the police authorities to oversee that no harm is created to the petitioner at the behest of the private respondents.
In case, petitioner feels insecured, in that case, he would take out an appropriate application. The learned
ACJM will not deter to cancel the bail if he/she is satisfied that there has been interference with the life and professional activities of the petitioner.
With the aforesaid observations, WPA 297 of 2020 along with CAN 1 of 2020 & CAN 2 of 2022 and WPA 7054 of 2024 along with CAN 1 of 2024 is disposed of.
Pending application(s), if any, is also disposed of.
Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.
(Tirthankar Ghosh, J.)