Amit Ghosh @ Srikanta Ghosh v. State Of West Bengal And Another

18.01.2023 S/L No.30 KS C.R.R. 876 of 2021 Amit Kumar Ghosh also known as Srikanta Ghosh -Vs.- The State of West Bengal & Anr.

Mr. Santanu Deb Roy .....For the State The present revisional application was preferred challenging the continuance of Howrah Police Station Case No.135 of 2019 dated 26.03.2019 under Section 135 (1)(c) of the Electricity Act now pending before the learned Judge, Special Court under Electricity Act and Additional Sessions Judge, 4th Court, Howrah. Records reflect that the revisional application appeared on 24.03.2021 when an accommodation was sought for. The case referred to is of the year 2019. The enclosures available alongwith the revisional application incorporates an order of anticipatory bail and the orders of the learned Special Court dated 28.03.2019, 09.07.2019, 20.03.2020 and 28.09.2020. More than two years have been passed in the meantime presumably there has been a progress in the investigation, no information has been furnished as to whether charge-sheet has been furnished before the jurisdictional Court.

Having regard to the revisional application pending for a considerable period of time without any persuasion of the petitioner, I am of the opinion that so far as the challenge in respect of the FIR is

concerned, no case is made out for interference. Petitioner would be at liberty to agitate the points before the learned Special Court once the charge-sheet is filed, at the appropriate stage. As none appeared on behalf of the State, Mr. Santanu Deb Roy, learned advocate who ordinarily represents on behalf of the State is directed to represent the case. His appointment may be regularized by the concerned authority.

With the aforesaid observations, C.R.R. 876 of 2021 is disposed of. Pending applications, if any, are consequently disposed of. All parties are directed to act on the server copy of this order downloaded from the official website of this Hon'ble Court. (Tirthankar Ghosh, J.)