Mousumi Manna v. State Of West Bengal And ORS.

C.R.R.2791 of 2023 D/L11 10.08.2023 Bpg.

In Re: An application under Section 410 read with Section 482 of the Code of Criminal Procedure, 1973;

Mousumi Manna

Versus

The State of West Bengal and others Mr. Mrityunjoy Chatterjee Mr. Debapraiya Majumder.

...for the petitioner.

Mr. Arijit Ganguly Mr. Sanjib Kr. Dan.

...for the State.

Petitioner is directed to serve a copy of the revisional application upon Mr. Arijit Ganguly, learned advocate, who ordinarily appears on behalf of the State. His appointment may be regularised by the concerned authorities.

Learned advocate appearing for the petitioner submits that the petitioner is the de facto complainant of the case who filed the petition on 13.07.2022. The order dated 13.07.2022 reflects that the petition was filed at the instance of the de facto complainant.

Learned advocate has placed certified copy wherein it is found that the prayer was advanced by the de facto complainant/victim girl for ascertaining the D.N.A. of the accused with the new born baby. The said application, according to the learned advocate, is still pending before the learned trial court. Certified copy filed by the learned advocate for the petitioner be kept with the record.

Having regard to the prayer advanced by the learned advocate for the petitioner, I direct that within a period of 30 days learned trial court would dispose of the said application before proceeding with further evidence.

Accordingly, CRR 2791 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, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)