Milan Chandra Sarkar v. State Of West Bengal

CRAN No.1 of 2020 (Old CRAN No.884 of 2020) in CRM No.5529 of 2019 In Re: - An application for appropriate order; And In the matter of: Milan Chandra Sarkar

...Petitioner.

Sl No.308 10.02.21 Ct. 28 (S.R.) Mr. Samarendra Nath Biswas ... for the petitioner.

Mr. A.K. Maity Mr. Mirza Firoj Ahmed Begg ...for the State.

The present application being CRAN No.1 of 2020 (Old CRAN No.884 of 2020) has been preferred in connection with the application for anticipatory bail being CRM 5529 of 2019, inter alia praying for issuance of necessary direction towards transfer of an amount of Rs.6,00,000/- (six lakhs) as deposited by the petitioner in the account of the Chief Judicial Magistrate, Balurghat to the account of the Circle Project Co-ordinator, Tapan West Circle, SSM Dakshin Dinajpur being account number 5288010005825.

Mr. Biswas, learned advocate appearing for the petitioner submits that the petitioner is the Head Master of Bakharpur Free Primary (F.P) School. His salary has been stopped since 20th June, 2016 and he is not being allowed to join the said school till the amount of Rs.6,00,000/- (six lakhs), as deposited in the account of the Chief Judicial Magistrate, Balurghat, is transferred to the account of the Circle Project Co-ordinator, Tapan West Circle, SSM Dakshin Dinajpur. Thus, unless necessary direction towards transfer of such amount is issued,

the petitioner would be seriously prejudiced. Records reveal that after the petitioner deposited the said amount of Rs.6,00,000/- (six lakhs), he was granted anticipatory bail by an order dated 7th August, 2019 and the application being CRM 5529 of 2019 was disposed of. It also appears that the petitioner approached the learned trial court with a prayer for transfer of the amount to the account of Circle Project Coordinator, Tapan West Circle, SSM Dakshin Dinajpur. However, such prayer was rejected by the learned court below by an order dated 20th December, 2019. The petitioner thereafter preferred a revisional application but the same was also dismissed on 11th February, 2020.

In the said conspectus and as the application for anticipatory bail application has already been disposed of, question of issuance of any further direction as prayed for in the present application being CRAN No.1 of 2020, does not arise. Accordingly, the application being CRAN No.1 of 2020 (Old CRAN No.884 of 2020) is dismissed.

There shall, however, be no order as to costs. All the parties shall act on a server copy of this order. (Tirthankar Ghosh, J.) (Tapabrata Chakraborty, J.)