Calcutta High CourtCRR/3440/2007disposed

Ashim Kumar Deb v. State Of West Bengal & ANR.

2022-08-01Hon'Ble Justice Tirthankar Ghosh2 pages

01.08.2022

IN THE HIGH COURT AT CALCUTTA

Item No.76 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 3440 of 2007 Ashim Kumar Deb versus The State of West Bengal & Anr.

In Re: An Application under Section 482 of the Code of Criminal Procedure, 1973.

Mr. Sourav Chatterjee ... For the Petitioner.

Ms. Baisali Basu ... For the State.

Mr. Chatterjee, learned advocate appearing for the petitioner is aggrieved by the continuance of the proceedings against the present petitioner arising out of Singur Police Station Case No. 99 of 2005 dated 29.07.2005 corresponding to G.R. Case No. 526 of 2005.

As none appears on behalf of the State, Ms. Baisali Basu, learned advocate, who ordinarily appears for the State, is directed to represent the State. Her appointment may be regularized by the concerned authorities.

Records reflect that there was a direction for effecting service upon the State as well as the private opposite party no.2. however, there was no interim order in respect of the proceedings pending before the learned Magistrate or the trial court. More than 14 years have passed and presumably there are change of circumstances which are not apprised to this Court at this stage. Having regard to the same, I am of the opinion that the petitioner may have grievance which has been canvassed in the present revisional application and as

such, if the proceedings are still pending before the learned trial court, the petitioner would be at liberty to canvass such points in course of trial or at an appropriate stage before the learned trial court.

With the aforesaid observations, the revisional application being CRR 3440 of 2007 is disposed of. All pending connected applications, if any, are 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 with all requisite formalities.

(Tirthankar Ghosh, J.)