Biswajit Manna And Others v. State Of West Bengal And Another

19.04.2023

IN THE HIGH COURT AT CALCUTTA

Item No.36 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 1699 of 2021 Biswajit Manna & others versus The State of West Bengal & another In Re: An Application under Section 482 read with Section 401 of the Code of Criminal Procedure, 1973.

Mr. Rama Prasad Sarkar ... For the Petitioners.

Mr. Arijit Ganguly, Mr. Sanjib Kumar Dan ... For the State.

Affidavit-of-service filed in Court today be kept on record.

Mr. Sarkar, learned advocate appearing for the petitioners submits that presently the trial of the case has progressed and the petitioners approached this Court at a stage when charge-sheet was submitted. Learned advocate submits that there are change of circumstances. As none appears on behalf of the State, Mr. Sanjib Kumar Dan, learned advocate, who ordinarily appears for the State, is directed to represent the State. His appointment may be regularized by the concerned authorities. In view of the submissions advanced by Mr. Sarkar, learned advocate for the petitioners, I direct that as trial has commenced, the petitioners would be at liberty to canvass all the points, which have been agitated in the present revisional application, in course of trial. If there are any change of circumstances, the same may be brought to the

notice of the learned trial court and the learned trial court will act in accordance with the provisions of law. With the aforesaid observations, the revisional application being CRR 1699 of 2021 is disposed of. Pending connected applications, if any, are 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 with all requisite formalities.

(Tirthankar Ghosh, J.)