Prem Singh v. State Of West Bengal & ANR.

C.R.R. No.1180 of 2017 D/L40 March 10, Bpg.

In Re: An application under Section 397 read with Section 401 and 482 of the Code of Criminal Procedure, 1973;

Mr. Prem Singh

Versus

The State of West Bengal & Anr.

Mr. Abhisek Banerjee.

...for the petitioner.

Mr. Anwar Hossain, Ms. Debjani Sahu.

...for the State.

Report submitted by Mr. Hossain, learned advocate appearing for the State be kept with the record. Report reflects that charge-sheet has already been submitted before the jurisdictional court and the next date has been fixed on 13th April, 2022.

Records of the revisional application reflect that the petitioner approached this Court at the stage when the investigation of the case was under progress. There has been substantial change of circumstances as the investigating authority upon conclusion of investigation has already submitted charge-sheet before the jurisdictional court.

Learned advocate appearing for the petitioner is unable to update this Court regarding the changed circumstances. In view of the aforesaid, I am of the opinion that the contentions advanced in this revisional application do not call for interference at this stage.

The petitioner is granted liberty to canvass the points

preferred in this revisional application at the appropriate stage of the proceedings.

With the aforesaid observations, CRR 1180 of 2017 is disposed of.

Pending application, if any, is consequently disposed of. Interim order, if any, is hereby vacated.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. The order-sheet dated 18.02.2022 was handed over by the learned advocate appearing for the State. The said order incorporates the name of Mr. Arijit Ganguly, learned advocate. Surprisingly, in the order dated 18.02.2022 available with the records, the name of Mr. Anwar Hossain, learned advocate is appearing. The changes have been made in the second paragraph of the order dated 18.02.2022. The said change was without the knowledge of the Court and has been done surreptitiously. As both the copies were available in the website of the High Court, I am of the opinion that there has been a fraud committed upon this Court.

Accordingly, I direct the learned Registrar General, High Court, Calcutta to conduct an enquiry, come to a finding and take proper steps against the delinquent.

Let a compliance report be submitted before this Court within a month from date.

(Tirthankar Ghosh, J.)