Adarsh Jhunjhunwala vs State Of West Bengal & Anr

Citation : 2024 Latest Caselaw 4611 Cal
Judgement Date : 9 September, 2024

Calcutta High Court (Appellete Side)

Adarsh Jhunjhunwala vs State Of West Bengal & Anr on 9 September, 2024

Author: Tirthankar Ghosh

Bench: Tirthankar Ghosh

09.09.2024 Serial no. 2-3 CT.-35 [G.S.D] CRR 1401 of 2023 Adarsh Jhunjhunwala

-vs-

State of West Bengal & Anr.

With CRR 252 of 2021 With CRAN 1 of 2024 CRAN 2 of 2024 Rajani Pandey & Ors.

-vs-

State of West Bengal & Anr.

Mr. Apalak Basu Mr. Cedric Fernandez ... for the petitioners in CRR 1401 of 2023 Mr. Sandipan Ganguly, Sr. Advocate Mr. Karan Dudhwewala Mr. Subhadeep Adhikari Mr. Supriyo Gole ... for the petitioners in CRR 252 of 2021 Mr. Ayan Basu Mr. Sumit Routh ... for the o.p. no.2 Mr. Ranabir Roy Chowdhury Mr. Sandip Chakrbaorty ... for the State in CRR 1401 of 2023 Mr. Rudradipta Nandy, ld. APP Mr. Bitasok Banerjee ... for the State in 252 of 2023 CRR 1401 of 2023 Learned advocate appearing for the petitioners submits that during the pendency of the present revisional 2 application, charge-sheet has already been submitted, as such, he intends to file a fresh revisional application challenging the charge-sheet filed by the investigating agency after obtaining the copies under Section 207 of the cr.p.c.

Having considered the prayer so advanced, I direct CRR 1401 of 2023 is dismissed as not pressed.

Connected application, if any, is also disposed of. However, liberty is granted to the petitioners to approach this court at the appropriate stage, as prayed for.

CRR 252 of 2021 Mr. Sandipan Ganguly, learned Senior advocate, appearing on behalf of the petitioners, submits that as the charge-sheet has been submitted during the pendency of the present revisional application, he intends to file a fresh application at the appropriate stage after obtaining the copies under Section 207 of the cr.p.c.

Accordingly, CRR 252 of 2021 is dismissed as not pressed.

CRAN 2 of 2024 It has been submitted on behalf of the learned Senior Advocate appearing for the petitioners that against some of the accused persons warrant of arrest has been issued.

3

Having considered the nature of the prayer so advanced by the prosecution, the nature of offence involved and also in view of the judgment of Satender Kumar Antil - vs.- CBI [(2022) 10 SCC 51], I direct that the warrant of arrest so issued by the learned Metropolitan Magistrate/Judicial Magistrate, 15th Court, Calcutta to treat the process issued as bailable warrant since the warrant of arrest was issued at the first instance by the learned Trial Court.

Accordingly, the petitioners would take steps within a fortnight before the learned jurisdictional court and it would be the discretion of the learned jurisdictional court to act in accordance with law.

With the aforesaid observations, CRAN 2 of 2024 is disposed of.

Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

(Tirthankar Ghosh, J.)