Somnath Bera v. State Of West Bengal

10.09.2021

IN THE HIGH COURT AT CALCUTTA

Item No.8 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 1152 of 2011 (Via Video Conference) Somnath Bera versus The State of West Bengal In Re: An Application under Section 482 of the Code of Criminal Procedure, 1973.

Mr. Milon Mukherjee, Sr. Adv., Mr. Saibal Mondal ... For the Petitioner.

Mr. S. G. Mukherjee, Ld. P.P., Mr. Arijit Ganguly, Mr. Sandip Chakraborty ... For the State.

In view of the submission advanced by the learned senior advocate for the petitioner that an application has been taken out by the public prosecutor under Section 321 of the Code of Criminal Procedure before the learned Special Court and the same is pending, I am of the view that the merits of this revisional application and the points canvassed therein should not be decided prior to the said application under Section 321 of the Code being considered by the learned Special Court.

Accordingly, this revisional application is disposed of with liberty to the petitioner to approach this court after the application under Section 321 of the Code of Criminal Procedure is heard by the jurisdictional court. The revisional application being CRR 1152 of 2011 is, thus, disposed of.

Interim order, if any, is hereby vacated.

All pending connected applications, if any, are consequently disposed of.

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