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Calcutta High CourtCRR/2048/2023disposed

Nymphaea Rudra Paul v. State Of West Bengal And ANR

2023-08-09Hon'Ble Justice Tirthankar Ghosh3 pages

August 9, 2023 IN THE HIGH COURT AT CALCUTTA AD-29 CRIMINAL APPELLATE JURISDICTION Ct. 34 SG CRR 2048 of 2023 In Re. An application under Section 483 read with Section 482 of the Code of Criminal Procedure, 1973.

In the matter of: Nymphaea Rubra Paul ... petitioner Mr. Abhra Jena ... for the petitioner.

Mr. Madhusudan Sur, ld. APP Mr. Palash Chandra Majhi ... for the State.

Mr. Apalak Basu Mr. Nazir Ahmed ... for the OP No.2.

The grievance of both the petitioner and the accused person is taken into account.

So far as the supply relating to documents under Section 207 Cr.P.C. is concerned, whole of the documents have twice been handed over to Mr. Sur, learned advocate for the State before this Court. The same enclosed the seizure list and original letter dated 25.11.2015. I find from the charge-sheet so submitted that there are 3 witnesses and the petitioner has filed the complaint. So far as the second witness is concerned, she happens to be a seizure list witness.

As such, no further documents are required to be supplied to the parties concerned.

It has been informed that the next date has been fixed on September, 2023 before the learned trial court for reconsideration of the application under Section 239 Cr.P.C. as directed by the sessions court while disposing of the revisional application.

In view of the same pending before the learned Judicial Magistrate, I direct that by October 17, 2023 learned Magistrate would fix as many dates he pleases but pronounce the judgment on October 18, 2023.

Petitioner would be at liberty to communicate this order within a fortnight so that the hearing of the application under Section 239 Cr.P.C. can commence on and from the next date so fixed on September 23, 2023. With the aforesaid observations, CRR 2048 of 2023 is disposed of.

Pending 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 be immediately made available to the parties, subject to compliance with all requisite formalities.

( Tirthankar Ghosh, J. )