Alok Kumar Das v. State Of West Bengal & ANR

13.08.2021 Item no.26 Ct. No.34 CHC C.R.R. No.46 of 2015 (Via video Conference) In Re: An application under Section 482 of the Code of Criminal Procedure, 1973.

AND In the matter of:- Alok Kumar Das ... petitioner Mr. Sourav Chatterjee, Mr. Kamal Mishra, Mr. Tamal Taru Panda ...for the petitioner Mr. Saibal Bapuli, Ld. A.P.P.

Mr. Imran Ali, Mrs. Debjani Sahu ...for the State Mr. Tanmay Chowdhury ...for the opposite party no.2 Report submitted by Mr. Ali, learned advocate for the State be kept with the record.

The order dated 24.06.2021, passed by the learned Additional Sessions Judge, 2nd Court, Contai, reflects that in connection with the instant case the next date has been fixed on 9th of November, 2021 for consideration of charge.

Having regard to the stage at which the petitioner approached this Court, I am of the view that at this stage interference would be difficult only on the basis of affidavit.

Learned Sessions Court is directed to prepone the date for consideration/framing of charge and fix the same in the month of September, 2021.

If the learned court feels that there are sufficient materials to proceed with the case, learned court would be at liberty to fix at the earliest date, preferably within a month for examination of CSW 1 (opposite party no.2 in the revisional application). After the evidence of the CSW 1 is over, the present petitioner and the opposite party no.2 will be at liberty to take out an appropriate application before this Court.

Interim order, if any, is hereby vacated.

(Tirthankar Ghosh, J.)