An Application Under Section 407 … vs Sudipta Kumar Roy on 2 August, 2017


Sl. August 2, C.R.R. 2534 of 2017

205. 2017

In the matter of: An application under Section 407 read with Section
482 of the Code of Criminal Procedure;


In the matter of : Sudipta Kumar Roy
State of West Bengal anr.

Mr. Soumyajit Das Mahapatra,
Mr. Dhananjay Banerjee,
…for the petitioner.

It is submitted on behalf of the petitioner that the presiding officer
himself is a witness in the instant case and, therefore, the trial of the case requires to be
transferred to some other court.

Let this matter appear under the same heading two weeks hence.
Mr. Ayan Basu, learned advocate, who ordinarily appears on behalf of
the State, is present in court and is requested to appear in this matter.

A copy of the revision petition is handed over to Mr. Basu in court.
The petitioner is directed to serve a copy of this revisional
application on the opposite party no. 2 through registered speed post with
acknowledgment due and to file an affidavit of service at the next hearing.

There will be stay of all further proceedings in General
Register Case No. 561 of 2011 arising out of Bhatar Police Station Case No. 49
of 2011 dated March 23, 2011 under Sections 498A/323/406 of the Indian Penal
Code pending before the learned Judicial Magistrate, Fifth Court at Burdwan, for
a period of four weeks from date or until further orders, whichever is earlier.

The petitioner is at liberty to pray for extension of this order on the selfsame
application upon notice to the opposite parties. The opposite parties are also at liberty to apply for
variation, vacation and/or modification of this order upon notice to the petitioner.

( Joymalya Bagchi, J. )

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