Citation : 2022 Latest Caselaw 842 Cal
Judgement Date : 25 February, 2022
D/L 17 C.R.R. No.689 of 2018
February With
25, 2022
CRAN 962 of 2020
Bpg.
(Via Video Conference)
In Re: An application under Section 401/482 of the Code of Criminal Procedure, 1973;
Tarun Halder Versus The State of West Bengal & Ors.
Mr. Dhiman Ray, Mr. Partha Sengupta, Mr. Dip Chanda.
...for the petitioner.
Mr. Madhusudan Sur, Mr. Dipankar Paramanick.
...for the State.
Ms. Sreyashee Biswas.
...for the opposite party no.2/KMC.
Earlier, Ms. Sreyashee Biswas, learned advocate, was
directed to appear for the KMC Authorities. Her appointment may
be regularised by the concerned authorities.
Mr. Sur, learned Additional Public Prosecutor, High
Court, Calcutta, is directed to represent the State. His appointment
may be regularised by the concerned authorities.
Learned advocate for the petitioner is present.
The subject matter of the revisional application relates to
judgment and order dated 21.12.2017 passed by the learned
Additional District and Sessions Judge, 2nd Fast Track Court,
Bichar Bhawan, Calcutta in Criminal Appeal No.74 of 2016. The
said appeal arose out of the judgment and order dated 09.05.2016
passed by the learned Municipal Magistrate, 1st Court, Calcutta in
Misc. File No.163 of 2015.
As the subject matter of the revisional application relates
to an order of conviction and sentence, I am of the opinion that
without considering the lower court records, the same cannot be
disposed of. Accordingly, the records of both the appellate court
and the trial court be placed before this Court on the next date fixed
for hearing.
Pending hearing of the revisional application there shall
be stay of execution of sentence till 5th April, 2022.
List this matter under the heading "Contested
Application" on 29th March, 2022.
Accordingly, CRAN 962 of 2020 is disposed of.
Learned advocate for the petitioner is directed to serve a
copy of the revisional application as well as the connected
applications upon the learned advocate appearing for the KMC as
well as Government of West Bengal and file affidavit-of-service on
the next date fixed for hearing.
All parties shall act on the server copy of this order duly
downloaded from the official website of this Court.
(Tirthankar Ghosh, J.)
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