Tarun Halder v. State Of West Bengal & ANR.

C.R.R. No.689 of 2018 With CRAN 962 of 2020 (Via Video Conference) D/L 17 February 25, 2022 Bpg.

In Re: An application under Section 401/482 of the Code of Criminal Procedure, 1973;

Tarun Halder

Versus

The State of West Bengal & Ors.

Mr. Dhiman Ray, Mr. Partha Sengupta, Mr. Dip Chanda.

...for the petitioner.

Mr. Madhusudan Sur, Mr. Dipankar Paramanick.

...for the State.

Ms. Sreyashee Biswas.

...for the opposite party no.2/KMC.

Earlier, Ms. Sreyashee Biswas, learned advocate, was directed to appear for the KMC Authorities. Her appointment may be regularised by the concerned authorities.

Mr. Sur, learned Additional Public Prosecutor, High Court, Calcutta, is directed to represent the State. His appointment may be regularised by the concerned authorities. Learned advocate for the petitioner is present. The subject matter of the revisional application relates to judgment and order dated 21.12.2017 passed by the learned Additional District and Sessions Judge, 2nd Fast Track Court, Bichar Bhawan, Calcutta in Criminal Appeal No.74 of 2016. The

said appeal arose out of the judgment and order dated 09.05.2016 passed by the learned Municipal Magistrate, 1st Court, Calcutta in Misc. File No.163 of 2015.

As the subject matter of the revisional application relates to an order of conviction and sentence, I am of the opinion that without considering the lower court records, the same cannot be disposed of. Accordingly, the records of both the appellate court and the trial court be placed before this Court on the next date fixed for hearing.

Pending hearing of the revisional application there shall be stay of execution of sentence till 5th April, 2022. List this matter under the heading "Contested Application" on 29th March, 2022.

Accordingly, CRAN 962 of 2020 is disposed of. Learned advocate for the petitioner is directed to serve a copy of the revisional application as well as the connected applications upon the learned advocate appearing for the KMC as well as Government of West Bengal and file affidavit-of-service on the next date fixed for hearing.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)