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Calcutta High CourtCRR/2836/2024disposed

Yasir Iqbal v. State Of West Bengal And ANR

2024-07-19Hon'Ble Justice Suvra Ghosh2 pages

19.07.2024 rc/ct.no.34 Item No.ADSL-1 CRR No. 2836 of 2024 In the matter of : Yasir Iqbal .......Petitioner Mr. Satadru Lahiri Mr. Syed Wasim Faruque Mr. Jyotirmoy Talukder ...for the Petitioner Mr. Debasish Roy Mr. Anand Keshari ..for the State Mr. Ayan Bhattacharjee Mr. Rajib Mullick Ms. Sonia Mukherjee ...for the O.P.No.2 Heard learned counsels for the parties.

Learned counsel for the petitioner submits that the petitioner does not intend to proceed with the revisional application in so far as the order impugned dated July 04, 2024 passed by the learned Additional District and Sessions Judge, Bench-II, City Sessions Court, Bichar Bhawan, Kolkata in connection with the Sessions Case No. 102 of 2009 is concerned. However, learned counsel submits that the learned Trial Court fixed July 18, 2024 for bringing appropriate order from this Court or order of stay, in default hearing argument by the learned defence lawyer. According to learned counsel, learned defence lawyer was not granted an opportunity to place his argument before the learned Trial Court on July 18, 2024 and argument has

been closed by the learned Court fixing July 20, 2024 for delivery of judgment.

In my considered view, the petitioner/accused ought to be granted an opportunity to place his arguments before the learned Trial Court before delivery of judgment by the learned Court. In view of the above, the revisional application is disposed of with liberty to the petitioner to place his argument in connection with the Sessions Case No. 102 of 2009 before the learned Trial Court tomorrow, i.e. on July 20, 2024. The petitioner shall commence his argument on the said date and conclude the same within July 26, 2024 upon arguing the matter on day to day basis.

Learned Trial Court is directed to dispose of the proceeding within one month from the date of conclusion of argument. Learned advocate for the petitioner is at liberty to communicate the gist of this order to the learned Trial Court. CRR No. 2836 of 2024 is disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh,J)