Deb Kumar Gupta vs Tatu Sk. @ Tajrul Sk. & Ors
2022 Latest Caselaw 312 Cal

 D/L 39                                C.R.R. No.442 of 2001
February 4,                           (Via Video Conference)

                                            (Assigned)
   Bpg.

In Re: An application under Section 397/401 read with Section 482 of the Code of Criminal Procedure;

Deb Kumar Gupta Versus Tatu Sk. @ Tajrul Sk. & Ors.

Ms. Sutapa Sanyal, Mr. Subhajit Dan, Mr. Gour Baran Sau.

...for the petitioner.

Mr. Ayan Bhattacherjee, Mr. Sagar Saha.

...for the opposite party nos.1 to 9 & 11.

Mr. Sourav Chatterjee. ...amicus curiae.

Ms. Sutapa Sanyal, learned advocate, appears on behalf

of the petitioner and refers to the authorities relating to time-

constraints and interference of the High Court in a case of acquittal.

Mr. Sourav Chatterjee, learned advocate, was appointed

as an amicus curiae. He relies upon two sets of judgment. Firstly

relating to applicability where time is no constraint and the merits

of the matter has an overriding effect in respect of consideration on

merits. Secondly, in a set of cases wherein time constraint was

primarily a reason for non-interference in case of acquittal.

An accommodation has been sought for on behalf of Mr.

Ayan Bhattacherjee, learned advocate appearing for the opposite

party nos.1 to 9 & 11.

In view of the accommodation sought for, let the matter

be adjourned for the day. Further hearing will continue on 7th

February, 2022 when the revisional application will next appear

under the same heading.

(Tirthankar Ghosh, J.)