Radha Kanta Ghosh v. State Of West Bengal And ANR

Item No.37 27.01.2025 GB Ct. No. 34 C.R.R. 3875 of 2024 In Re : Radha Kanta Ghosh ...... petitioner Mr. Ayan Bhattacharyya, Ms. Juin Dutta Chakraborty ... for the Petitioner.

Zareen N. Khan Md. Sayeed Khan ... for the State.

Mr. Sk. Saad Nafisul Sah ... for the Opposite Party No.2.

Report submitted by the State is taken on record. The petitioner is aggrieved by the order passed by the learned Additional Sessions Judge, 2nd Court (In-Charge), Uluberia, Howrah on August 16, 2024, in SC No.03 of 2024 (New SC No.18 of 2024) turning down his prayer for collection of the CCTV footage of Jagannath Temple, Kaigachia from August 27, 2023 to August 30, 2023 and mobile footage recorded at the said temple on August 28, 2023. The report submitted by the State indicates that the CCTV footage has been sent to the CFSL, Kolkata for examination and the mobile phone has been seized on January 26, 2025 and shall be sent for examination shortly.

The learned counsel for the petitioner submits that unless the CFSL reports are placed before the learned trial Court prior to consideration of charge, the petitioner shall be highly prejudiced. Since the date for consideration of charge has been fixed by the learned trial Court on January 30, 2025, the learned trial Court shall refrain from taking up the issue for consideration of charge on the said date. Charges be considered upon receipt of the CFSL reports.

Learned counsel for the State is requested to take necessary steps so that the said reports are produced before the learned trial Court within one month from date.

Since nothing further remains to be adjudicated in the present application, the same is disposed of.

Urgent certified xerox copy of this order, if applied for be given to the parties on priority basis.

(Suvra Ghosh, J.)