Debasis Adak And ORS v. State Of West Bengal And ANR

24.01.2024

IN THE HIGH COURT AT CALCUTTA

Item No.76 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 1008 of 2023 with CRAN 1 of 2023 In the matter of : Debasis Adak & Ors.

... Petitioners.

Md. Ashraf Ali ... For the Petitioners.

Mr. Debashis Roy, Ld. P.P., Mr. Rudradipta Nandy ... For the State.

Affidavit-of-service filed by the petitioners be kept with the record.

Petitioners have been implicated in connection with proceedings arising out of Ghatal Police Station Case No. 234 of 2022 under Sections 341/323/506/34 of the Indian Penal Code and Sections 3(r)(s) of the SC and ST (Prevention of Atrocities) Act, 1989.

Number of issues have been canvassed by Mr. Ali, learned advocate appearing for the petitioners and the same has been opposed by the learned Public Prosecutor appearing for the State.

I have considered the nature of the allegations and having regard to the same, I am of the view that if the petitioners appear before the learned Special Court in connection with the instant case by 20.02.2024, the learned trial court will consider whether custodial detention of the petitioners are warranted in the background of the fact that investigation has already been concluded in connection with the instant case. Prior to one week before surrender, the petitioners would file their application and the learned

Special Court would issue notice upon the de facto complainant as well as the State.

All the three parties must be heard and the learned trial court will arrive at its decision keeping in mind the observations made above.

The issues so canvassed in this revisional application may be taken up by the petitioners at the appropriate stage of the trial.

Interim order, earlier granted, is hereby vacated. With the aforesaid observations, the revisional application being CRR 1008 of 2023 along with the connected application being CRAN 1 of 2023 is disposed of. All concerned parties including the learned trial court shall act on the server copy of this order duly downloaded from the official website of this Court.

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

(Tirthankar Ghosh, J.)