Amitava De Bhowmick v. State Of West Bengal And ORS

29.08.2024 Item No.5 Ct. No. 30 Aloke CRAN 2 of 2024 in CRR 2980 of 2019 Amitava De Bhowmick Vs The State of West Bengal & Ors.

Mr. Pawan Kr. Gupta Mr. Abhimanyu Banerjee Ms. Sofia Nesar Mr. Santanu Sett ... for the petitioner Mr. Jayanta Narayan Chatterjee Mr. Supreem Naskar Ms. Jayashree Patra ... for the opposite party nos. 2 and 3 Mr. Adil Badr Ms. Snigdha Saha ... for the State In re : CRAN 2 of 2024 IA CRAN 2 of 2024 is moved by the learned counsel for the petitioner in CRR 2980 of 2019.

By the instant application, the petitioner has prayed for extension of time as granted by this Court in its judgment and order dated 16.05.2024.

The applicant/petitioner submits that he was informed by the police vide a notice dated 23rd July, 2024 to appear before the Court.

But it appears that in spite of being directed by the trial Court and liberty given by this Court, the petitioner failed to approach the Court within the time granted. The trial Court vide the order under challenge being 24.07.2024 held that the

de facto complainant/applicant was reluctant to appear before the Court and also prayed for adjournment. Thus the Court rejected the petitioner's prayer for time.

The applicant herein is relying upon the notice dated 23rd July, 2024 and submits that on receiving the said notice he approached the Court on 24.07.2024 (next day itself) to pray for time. The Court considered the matter and rejected his prayer.

Though, this Court finds no irregularity in the order of the learned Magistrate but in the interest of justice grants a period of seven days within which the applicant/petitioner may prefer a 'Naraji' application and the said application be heard with due notice upon all the parties by the learned Magistrate who shall dispose of the same as expeditiously as possible in accordance with law.

CRAN 2 of 2024 is accordingly disposed of.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Shampa Dutt (Paul), J.)