Soma Sarkar(Roy) v. Bimal Chandra Roy

21.02.

CALCUTTA HIGH COURT CIRCUIT BENCH AT JALPAIGURI CRR 52 of 2024 Soma Sarkar (Roy

Versus

Bimal Chandra Roy Mr. Hillol Saha Podder.

... for the petitioners.

Mr. R Ghosh, Mr. Sourav Sardar.

... for the OP.

1. Affidavit of service is filed and the same be taken on Ct rup record.

2. Learned counsel appearing on behalf of both the parties to this revisional application are present.

3. Challenge is the order dated 16.10.2023 passed by the learned Additional Sessions Judge, Tufanganj, Cooch Behar, in connection with Criminal Revision No. 10 of 2023.

4. Leaned counsel appearing on behalf of the petitioner has submitted that criminal revisional application filed by the opposite party in connection with criminal revisional application No. 10 of 2023 has not been disposed of by the order impugned rather an order passed in connection with another criminal revisional application No. 9 of 2023 was pasted in disposing the criminal revisional application No. 10 of 2023.

5. Learned counsel appearing on behalf of the petitioner

has drawn my attention to the order passed in both the criminal revision annexed herewith.

6. On careful perusal of the order dated 16.10.2023, in connection with criminal revisional application No. 9 of 2023 and the order passed in criminal revisional application No. 10 of 2023, I find that both the orders are same and identical. In other words, the order passed in criminal revisional application No. 10 of 2023 is a replica of the order passed in criminal revisional application No. 9 of 2023.

7. It is very unfortunate to note that an officer in the rank of Additional District Judge passed an order by way of copy paste and put signature even without going through the order itself. Technology, in my opinion, has to be used constructively but not in a destructive way.

8. The impinged order shows that learned Additional District Judge though heard the revisional application No. 10 of 2023 but did not pass any order.

9. Given facts and circumstances, the order impugned stands set aside with a direction upon the learned Additional Sessions Judge, Tufanganj, Cooch Behar to pass an order afresh in connection with criminal revisional application No. 10 of 2023 within seven days from the date of receipt of this order.

10.

Department is directed to communicate this order

to the learned Additional Sessions Judge, Tufanganj, Cooch Behar.

11.

With the aforesaid observation and direction, the revisional application stands disposed of.

12.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

(Bibhas Ranjan De, J.)