Subir Kumar Maity @ Subir Maity v. State Of West Bengal And ANR

19-07-2024 Ct. No.34 b.das CRR No. 2982 of 2024 In the matter of :

Subir Kumar Maity @ Subir Maity ..... petitioner.

Mr. Debasish Kar ...for the petitioner.

It is submitted on behalf of the petitioner that an appeal was preferred by the petitioner being Criminal Appeal No.10 of 2021 pending before the learned Additional District & Sessions Judge, Fast Track, 3rd Court, Barrackpore against the order dated 25th February, 2021 passed by the learned Judicial Magistrate, 2nd Court, Barrackpore in connection with Misc. Case No.60 of 2017. Another appeal was preferred against the same order by the opposite party which was registered as Criminal Appeal No.11 of 2021 which is pending before the learned Additional Sessions Judge, 1st Court, Barrackpore. Learned counsel submits that both the appeals need be taken up by the same learned Court for consideration in order to avoid conflict of decisions.

Learned counsel seeks to withdraw the present revisional application and approach the learned District Judge, North 24 Parganas, Barasat seeking consideration

of both the appeals by the same learned Court. Such liberty is granted.

The petitioner is directed to file such application before the learned District Judge, North 24 Parganas, Barasat within seven days from date.

Since the learned counsel for the petitioner submits that the next date of hearing before the learned Additional District & Sessions Judge, Fast Track, 3rd Court, Barrackpore is fixed tomorrow, that is, on 20th July, 2024, the petitioner shall be at liberty to seek an adjournment before the learned Court on the said date.

In view of the above, the application being CRR 2982 of 2024 is dismissed as withdrawn.

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

( Suvra Ghosh, J. )