Palash Kumar Karmakar v. State Of West Bengal And ORS.

IN THE HIGH COURT AT CALCUTTA

CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE 08 15.7.2025 Sc Ct. no.2 WPA 3410 OF 2025 ------------- Palash Kumar Karmakar Vs.

The State of West Bengal & Ors.

Mr. Nikhil Kr. Gupta Mr. Sougata Mitra.

....For the Petitioner Mr. Amitabrata Roy, GP Mr. Nilotpal Chatterjee Mr. Arka Mondal.

....For the Respondent No.1/State Mr. Debjit Mukherjee Mr. Kaustav Bhattacharya.

....For the Respondent Nos. 2 & 3 Mr. Nikhil Kr. Gupta, learned counsel appears for the petitioner.

Mr. Nilotpal Chatterjee, learned State counsel led by Mr. Amitabrata Roy, learned Government Pleader appears for the respondent no.1/State.

Mr. Debjit Mukherjee, learned counsel appears for the respondent nos. 2 and 3.

The petitioner was an employee under the relevant district judiciary. Arising out of a proceeding against the petitioner, inter alia, under Section 302 of the Indian Penal Code, the petitioner has suffered custody.

Consequently, the petitioner was suspended.

Subsequently, by a Judgment and Order dated May 11, 2023 passed by the jurisdictional Criminal Court, the

petitioner was acquitted as the petitioner was not found guilty to the alleged offences.

Today when the writ petition has been taken up for consideration, Mr. Debjit Mukherjee, learned counsel for the district judiciary submits that, an appeal has been preferred from the said order of acquittal and is pending before this Court after being registered as CRA (DB) 196 of 2023.

In view of the above, this Court is of the view that, no further step can be taken in this writ petition at this stage.

After the said pending criminal appeal is finally decided, depending upon its fate, the petitioner shall be at liberty to apply and lodge his claim before the jurisdictional authority in accordance with law. However, it is expected that, in the event the petitioner is finally acquitted, the jurisdictional authority shall consider the claim of the petitioner expeditiously but in accordance with law without any delay.

Since affidavits are not called for, the allegations made in the writ petition are deemed not to have been admitted by the respondents.

With the above observations this writ petition, WPA 3410 of 2025 stands disposed of, without any order as to costs.

Photostat certified copy of this order, if applied for, be furnished expeditiously.

(Aniruddha Roy, J.)