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Partha Bhattacharya vs The State Of West Bengal & Anr on 23 May, 2018

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Ct. 07
Item No.8
23.05.2018

C.R.R. 1229 of 2018
(Vacation Bench)
(Sd3 SM)
Partha Bhattacharya.

Vs.

The State of West Bengal Anr.

Mr. Palash Mukherjee
………for the petitioner

Mr. Sudip Ghosh
Mr. Dipankar Paramanik
……… for the State

The petitioner has come to this Court being aggrieved by primarily

the perceived defect on the part of the investigating agency in not producing

the case diary relating to Ashok Nagar Police Station Case No. 37 of 2018

dated 17.01.2018 under Section 498A/302 of the Indian Penal Code. This is

despite an application having been made by the petitioner under Section 438

of the Code of Criminal Procedure which is pending before the Learned

District and Sessions Judge, Barasat, North 24-Parganas. Such application

has been registered as Criminal Misc. Case No. 353 of 2018.

Since the liberty of the petitioner remains under Damocles’ sword

so long as his application for anticipatory bail is not finally decided I believe

that justice requires that an order be passed disposing of the present petition

under Section 482 of the Code of Criminal Procedure directing that the

learned jurisdictional District and Sessions Judge disposes of the said

criminal Misc. Case No. 353 of 2018 within the next date fixed being June 7,

2018. The Police authorities are directed to ensure that the case diary is

produced before the learned Court below on the said date.

Mr. Sudip Ghosh, learned counsel appearing for the State is present

in the Court and at the request of the Court he accepts responsibility of

ensuring that the order of the Court is complied with and co-operation is

extended such that the matter can be decided one way or the other by the

learned Court below on June 7, 2018. The learned Public Prosecutor is

requested to regularize his appointment in the matter. Let a copy of the
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application be served on the learned advocate for the State. It is needless to

mention that I have not gone into the merits of the matter and the learned

criminal Court should decide the matter in whatever way it wants in

accordance with law.

However, I do feel it would be inequitable if while the petitioner is

seeking to have his plea for anticipatory bail heard, for no fault of his own his

cases is not heard but he is still taken into custody. So, till June 7, 2018 and

subject to the result of the petition before the learned Court below, neither

any coercive step shall taken against the petitioner nor shall he be taken into

custody.

I pass this order only on the statement made on behalf of the Bar,

Mr. Palash Mukherjee, on instructions that his client has not been taken into

the custody.

Let a plain copy of this order, duly countersigned by the Assistant

Registrar (Court), be handed over to the learned advocate-on-record for the

petitioner on usual undertaking.

Learned Court below is requested to act on such plain copy without

insisting on certified copy.

(Protik Prakash Banerjee, J.)
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