Kingshuk Sengupta v. State Of West Bengal And ORS.

29.04.2022.

Item No. 43.

Court No.13 ap I.A. No. CAN 3 of 2022 In W.P.A. No. 13444 of 2021 (Through Video Conference) Sri Kingshuk Sengupta

Versus

The State of West Bengal & Ors.

Mrs. Malabika Saha, Mr. Gunjan Kumar Singh, Ms. Sharmistha Paul.

...For the petitioner.

Mr. Amitesh Banerjee, ld. Sr. Standing Counsel, Mr. Tarak Karan.

..For the State.

Mr. Phiroze Edulji, Mr. Samrat Goswami.

...For the CBI.

CAN 3 of 2022 has been filed seeking recall of the order dated 16th March, 2022.

It is submitted that Counsel for the petitioner could not be present despite notice, for reasons beyond their control. It is further submitted that the accused person in the charge-sheet, is in fact, not absconding, and is actually available at various addresses. It is also submitted that the said person is also active on social media.

The petitioner shall be entitled to furnish the aforesaid information to the police, and also to that extent, before the Additional Chief Judicial Magistrate, Sealdah/Sessions Court as and when the trial

commences. The police have already been directed to take steps for securing the presence of the accused in the trial, inter alia, by applying for proclamation and attachment. Suitable steps may be taken in that regard having due regard, to the further information that the petitioner, may give, as regards the accused person.

It is expected that the charge-sheet is put for committal as expeditiously as possible, and trial commenced and disposed of soon thereafter.

With the aforesaid observations, the instant application being CAN 3 of 2022 shall stand disposed of.

There will be no order as to costs.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

(Rajasekhar Mantha, J.)