Soumen Kumar Pal vs State Of West Bengal & Anr
2022 Latest Caselaw 5840 Cal

24.08.2022 Item No.07.

Mithun Ct.42 CRR 289 of 2022 Soumen Kumar Pal.

Vs.

State of West Bengal & Anr.

Mr. Ujjal Roy, Adv.

...for the petitioner.

Mr. Jayanta Narayan Chatterjee, Adv. Ms. Moumita Pandit, Adv.

Mr. S. Naskar, Adv.

Ms. Joyashree Patra, Adv.

Ms. Sreeparna Ghosh, Adv.

...for O.P. No.2.

Mr. Ranabir Roy Chowdhury, Adv. Mr. Mainak Gupta, Adv.

...for the State.

The instant matter is taken up for hearing.

I have heard the learned Counsels for the

parties at length. A report submitted on behalf of

the police authority through the learned Public

Prosecutor-in-Charge is taken on record.

Having heard the learned Counsels, this

Court is of the opinion that the lower court record

is absolutely necessary in order to peruse the

certain orders that are very relevant in passing

the impugned order dated 20th January, 2022.

It is pointed out that the explanations

submitted by the concerned Inspector-in-Charge

and the Investigating Officer of the case dated

17th January, 2022 and 18th January, 2022 have

not been made part of this record. The said

explanations are lying with the record of G.R.1853

of 2021.

Therefore, the learned Additional Chief

Judicial Magistrate, Chandannagar is requested to

send the record within 7 days from the date of

communication of this order.

It is also made clear that if the record of GR

1853 of 2021 has already been transferred to the

learned Special Judge, POCSO Court at

Chandannagar, the learned Additional Chief

Judicial Magistrate, Chandannagar shall forward a

copy of this order to the learned Special Judge,

POCSO Court at Chandannagar for compliance of

this order of the Court. In any case the lower

court record is to be placed before this Court

within 7 days from the date of communication of

this order.

The parties are at liberty to act on the

server copy of this order.

On receipt of the record of G.R.1853 of

2021, final judgment/order in the instant revision

shall be passed.

Along with the case record, the learned

Public Prosecutor-in-Charge shall produce the

Case Diary on being requested by this Court to

facilitate the Court to pass final order in the

instant matter.

(Bibek Chaudhuri, J.)