Bijay Das & ORS v. State Of West Bengal

28.03.2025 Ct. No.7 S/L No.23 PG/KS C.R.R. 670 of 2015 Bijay Das & Ors.

-Vs.- The State of West Bengal This is an application filed under section 401 and 482 of the Code of Criminal Procedure by the petitioners for setting aside an order dated 19.02.2015 passed by the learned Additional District and Sessions Judge, Haldia, Purba Medinipur rejecting the prayer of the petitioners under section 311 of the Code of Criminal Procedure and also partly rejecting the prayer under section 231 of the Code of Criminal Procedure in connection with S.T. 3(04) of 2014 arising out of G.R. Case No. 386 of 2014 giving rise to Durgachak Police Station Case No. 59 of 2013 dated 27.03.2013 under sections 302/34 of the Indian Penal Code. On the last occasion, the learned advocate on record for the petitioners appeared and prayed for an accommodation and accordingly, time was granted. Today, the learned advocate for the petitioners submits that he is no more in this matter. None appears on behalf of the petitioners and on perusal of the impugned order, it revealed that prayer of the petitioners under section 311 of the Code of Criminal Procedure was turned down with a

reasoned order dated 19.02.2015 by the learned Court of Additional District and Sessions Judge, Haldia, Purba Medinipur. Since after filing of the matter, it was never dealt with by this Court and no stay was granted. The matter first appeared on 18.03.2025, when on the prayer of the learned advocate of the petitioners, accommodation was granted. Considering the entire facts and in absence of any stay order, it can be safely presumed that the matter has been proceeded with before the learned trial Court. In view of the above facts and circumstances, this Court is of the view that there is no reason to keep the matter pending. Accordingly, C.R.R. 670 of 2015 stands dismissed for default. Let a copy of the order be forwarded to the learned Trial Court for information.

(Chaitali Chatterjee (Das), J.)