The State Of West Bengal & Ors vs Deepmala Shaw
2022 Latest Caselaw 6085 Cal

30.08.2022
Court No.12
  S/L. No.3
  Suvayan/
  Sourav
                               MAT 167 of 2016
                                     With
               IA No. CAN 1 of 2016 (Old No. CAN 1300 of 2016)
                                     With
               IA No. CAN 2 of 2016 (Old No. CAN 1301 of 2016)

                          The State of West Bengal & Ors.
                                        Vs.
                                  Deepmala Shaw

              Mr. Susovan Sengupta
              Mr. Subir Pal
                                                  ...for the appellants.

              Mr.   Debabrata Saha Roy
              Mr.   Pingal Bhattacharyya
              Mr.   Subhankar Das
              Mr.   Neil Basu
                                                 ...for the respondent.

On the prayer of the learned Counsel appearing

for the parties, list this matter on September 15, 2022.

Five writ petitions were disposed of by Hon'ble

Single Judge by a common judgment with consent by

the learned Counsel for the parties including the State

Counsel. Five appeals were filed before the Division

Bench by the State of West Bengal. Those five appeals

were again clubbed together and out of those five

appeals, three appeals were disposed of by a common

judgment and two appeals were then pending and one

of the two appeals has already disposed of in the

meantime.

Against the common judgment in three appeals

by the Division Bench, the State preferred three

separate appeals which have been disposed of by the

Hon'ble Supreme Court at the motion stage without

expressing any opinion about the merit.

It is submitted by Mr. Sengupta, learned

Counsel appearing for the State that the Hon'ble

Supreme Court having not giving imprimatur to the

findings of Hon'ble Division Bench and having

dismissed the Special Leave Petition in peculiar facts

and circumstances of the case restricting the matter to

three appeals only, the State is free to raise

submissions regarding the facts whether the common

judgment passed in three appeals covers this appeal

as well.

Taking into consideration the peculiar facts and

circumstances, we call upon Mr. Sengupta, learned

Counsel for the State to file a written notes of

submission distinguishing the facts of the present

appeal vis a vis the three appeals already disposed of.

A copy of such written note be supplied to Mr.

Saha Roy, learned Counsel for the respondent in the

meantime.

(Chitta Ranjan Dash, J.)

(Aniruddha Roy, J.)