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Calcutta High CourtCRR/1518/2011dismissed

Deb Kumar Samanta@Debu & ORS v. State Of West Bengal

2023-09-22Hon'Ble Justice Ananya Bandyopadhyay2 pages

22.09.2023 cm CRR 1518 of 2011 In the matter of : Deb Kumar Samanta @ Debu & Ors. .... petitioners.

Mr. Amal Krishna Samanta .... for the petitioners.

In compliance with the order dated 28.07.2023 the petitioner No.5 and petitioner No.6 are present in Court today. Their personal appearance is noted and dispensed with. The instant revisional application has been filed against an order dated 26.04.2011 passed by the learned Additional Sessions Judge, 1st Court, Tamluk, Purba Medinipur rejecting the prayer of the petitioners in connection with S.T. 3(4)11 arising out of S.C. No. 106(4)2011, inter alia, stated that date was fixed for evidence.

The report submitted by the Additional District & Sessions Judge, 1st Court, Tamluk, Purba Medinipur dated 24.07.2023 stated that the next date for recording evidence has been fixed on 05.10.2023 and 06.10.2023.

The instant revisional application has been preferred after petitioners were read over and explained the contents of the charges to which they pleaded innocent stating "Nirdoshi" and thereafter filed the instant revisional application against the framing of such charges negating the possibility of being

prejudiced. In this case charge-sheet has been filed and trial has proceeded to a considerable extent.

The revisional application accordingly is dismissed. The petitioners who did not appear before the Court are directed to be present before the trial court positively on the date fixed for recording evidence failing which the learned trial court shall take necessary steps in canceling the order of bail granted in their favour.

Copy of the order be sent to the trial court for information.

(Ananya Bandyopadhyay, J.)