Bibek Chaudhuri vs Unknown
2021 Latest Caselaw 5729 Cal

Court No.

C.R.R. 1223 of 2008 Item 1 ssi

22.11.

2021 In the matter of:- Bibek Chaudhuri, Additional Session Judge, Fast Track Court, Kalna

Mr. Ayan Bhattacharjee .....amicus curie Mr. Saswata Gopal Mukherjee ...for the State

This is a reference under Section 395 of the Code of

Criminal Procedure. Although the matter is of 2008, the

same is still pending.

The questions of law formulated for reference are as

follows.

(i) If a pronouncement of an order of acquittal of

the accused without any written, signed and

dated judgment is valid, legal and operative?

(ii) If such order of acquittal is not legal and

valid, can the court of trial direct the accused

persons to submit themselves for retrial?

(iii) If such retrial would violate the valuable right

of the accused persons as conferred in

Section 300 of the Cr. P.C. when they were

declared to be acquitted?

The matter needs to be heard at length.

Let Mr. Ayan Bhattacharjee, learned counsel,

appear as an amicus curie in this matter. A copy of the

letter of reference may be handed over to the learned

counsel in course of this week.

Let a copy of the letter of reference also be supplied

to the learned Public Prosecutor in course of this week.

Let this matter come up for hearing under the

heading "Reference" on 22nd December, 2021.

Urgent photostat certified copies of this order may

be delivered to the learned Advocates for the parties, if

applied for, upon compliance of all formalities.

(Jay Sengupta, J.)