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Judgments of Supreme Court of India and High Courts

Smt. Ashalata Bhakta vs State And Another on 29 August, 2019



pk C.R.R 2826 of 2006

Smt. Ashalata Bhakta

State and another

Mr. Arindam Sen
… for the State.

None appears for the petitioner. No accommodation is sought


The report submitted in Court be kept with the record.

By an order dated 15.7.2019 this Court directed the

petitioner to effect service upon the State of West Bengal through

the Office of the Public Prosecutor, High Court, Calcutta as also

the opposite party no. 2 through speed post with acknowledgement


On 09.08.2019 when the matter appeared again before this

Court a report was submitted by Sub-Inspector of Police, Prakash

Hazra of Naihati Police Station, Barrackpore Police

Commissionerate along with the letter enclosed from the learned

Judicial Magistrate, Second Court, Barrackpore wherein seven

days time was sought, for tracing the records of the case relating

to Naihati Police Station Case No. 250 dated 11.02.2005 (G. R.

Case No. 3097 of 2005) under Sections 498A/Section406/Section506/Section120B of

the Indian Penal Code.

Today, when the matter has been taken up, further status

report has been submitted by one Sankar Mukherjee, Sub-

Inspector of Police, Naihati Police Station (Barrackpore Police

Commissionerate) dated 20.8.2019. The said report also enclosed

a letter of the learned Judicial Magistrate, Second Court,

Barrackpore wherein another 15 days time have been sought for

tracing out the details of the case records.

In view of the records being not available before the

concerned court, the learned Registrar Judicial, High Court,

Calcutta is directed to conduct an enquiry and submit a report as

to why the records are not traceable and the learned Judicial

Magistrate is continuously seeking time for tracing the records.

Let the matter appear under heading “To Be Mentioned” on


Department is directed to communicate this order to the

learned Registrar Judicial, High Court, Calcutta.

(Tirthankar Ghosh,J.)

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