Uday Bhanu Banerjee And ANR v. State Of West Bengal And ANR
13.08.2025 d.p.
In The High Court At Calcutta Constitutional Writ Jurisdiction Appellate Side W.P.A 5606 of 2025 Mr. Uday Bhanu Banerjee & Anr.
-versus State of West Bengal & Anr.
Mr. Aneek Pandit, Ms. Tanistha Jain, Mr. Avijit Kundu, Ms. Debopriya Ghosh.
...For the Petitioners.
Mr. Surya Prasad Chattopadhyay, Ms. Trishtrya Mancherji.
...For the Private Respondent.
1. The petitioners seek a direction upon the learned 2nd Additional Sessions Judge at Barasat, North 24-Parganas for early disposal of a criminal revision application which is pending consideration since 29th August, 2024.
2. On a perusal of the cause title of the writ petition, it appears that the same is not in form. The respondents have not been properly described.
3. Liberty is granted to the learned advocateon-record of the petitioners to amend the description of the respondent no.1.
4. The Court is of the opinion that the matter cannot be taken up for consideration under Article 226 of the Constitution of India.
5. The petitioners pray for a direction for conversion of the writ petition to a criminal revision application.
6. Learned advocate appearing on behalf of the respondent no.2 submits that the copy of the writ petition has not been served.
7. From the speed post receipt annexed to the affidavit-of-service at page 7, it appears that the same was not properly addressed. However, copy of the writ petition which was sought to be served upon the private respondent no.1 but has returned unserved is being opened from the unserved envelope and handed over to the learned advocate appearing on behalf of the private respondent in Court today.
8. The unserved envelope is retained with the records.
9. The department is directed to convert the instant writ petition to a criminal revision application subject to compliance of the procedural formalities.
10. All parties are to act on the server copy of this order duly downloaded from the official website of this Court.
( Amrita Sinha, J.)