C.R.R. 1229 of 2018
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
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
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
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.)