Jamuna Bala Ghosh And ORS v. State Of West Bengal And ANR

May 10, 2023 AD - 49 Ct. 34 SG CRR 1334 of 2021 with CRAN 1 of 2021 Jamuna Bala Ghosh and others -versus- The State of West Bengal and another Mr. Tapas Kumar Bhattacharya Mr. Aviroop Bhattacharya Mr. B.P. Singha Roy ... for the petitioners.

Mr. Soumik Ganguly ... for the State.

Mr. Tulshidas Ray Mr. Tirthankar Roy ... for the opposite party No.2.

Report submitted by Mr. Ganguly, learned advocate for the State be kept with the record.

Pursuant to service being effected, learned advocate for the opposite party No.2 is present.

On perusal of the records of the revisional application, it reflects that the certified copy in respect of any of the documents in relation to case No.435-C/2020 pending before the learned Additional Chief Judicial Magistrate, 2nd Court, Kalyani, Nadia is available. Even the order sheet by which the cognisance was taken is also not available. Having regard to the manner in which the application was accepted by the department, I am of the opinion that the same is in violation of the criminal rules and orders. Accordingly, the revisional application being CRR 1334 of 2021 is dismissed as infructuous.

The petitioners would be at liberty to file a fresh application in respect of the selfsame cause of action

enclosing the certified copy in relation to the proceedings and the orders passed by the jurisdictional Court. Pending application, if any, is 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. )