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Calcutta High CourtWPA/4019/2025disposed

Biky Biswas v. The State Of West Bengal And ORS.

2025-03-07Hon'Ble Justice Tirthankar Ghosh2 pages

D/L 7 07.03.2025 Bpg.

ct.no.35 W.P.A.4019 of 2025 Sri Biky Biswas

Versus

The Government of West Bengal & Ors.

Mr. Nikhil Kr. Gupta Ms. Ruma Das Maity Mr. Subhadeep Maitra.

...for the petitioner.

Mr. Susovan Sengupta Mr. Tarak Karan.

...for the State-respondents.

Mr. Nilanjan Bhattacharjee Mr. A. Guha.

...for the respondent no.7.

Petitioner is aggrieved by the fact that copy of the seizure list was not handed over to the petitioner. However, the same is in the custody of the private respondent no.7. Petitioner has prayed for filing of FIR, production of the relevant documents and a direction from this Court upon the State-authorities as to why the seizure list cannot be submitted at the time of framing of charge.

Learned advocate for the State submits that the trial has already commenced.

I find that the seizure list has already been exhibited in course of the trial and there were no objections having been raised when the said seizure list was produced before the court concerned.

Having considered that the admissibility of the document which has already been marked and considered by the learned trial court in course of evidence, I am of the view that this Court under Article 226 of the Constitution of India cannot decide regarding the veracity of the document which has been produced before the learned trial court. Accordingly, WPA 4019 of 2025 is dismissed.

There will be no order as to costs.

Report so submitted by the State be kept with the record.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copies of this order, if applied for, be given to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)