Ardhendu Saha v. State Of West Bengal

C.R.R.1808 of 2024 D/L118 01.05.2024 Bpg.

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

Ardhendu Saha

Versus

The State of West Bengal Mr. Asis Bhattacharya Mr. Biswajit Mitra Mr. Sukhen Bar.

...for the petitioner.

The grievance of the petitioner relates to his identity and namesake. Petitioner has been made an accused in connection with G.R. Case No.1859 of 2009 which was registered as Shibpur Police Station Case No.298 of 2009.

After 15 years this Court do not intend to enter into the zone regarding the identity of the person, which he has challenged by taking a plea that another person of the same name is existing. Petitioner is directed to submit all the documents before the learned trial court which are in his custody. Learned Magistrate would check regarding the authenticity of the contention, if required and thereafter decide whether the application for deciding that a single person in two names have been implicated as an accused. No further interference is required by this Court. The learned trial court will proceed with the case irrespective of the aforesaid issues which should not deter the trial of the case any further. With the aforesaid observations, CRR 1808 of 2024 is disposed of.

Pending connected 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. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)