Subrojyoti Nandi vs State Of West Bengal & Anr
2022 Latest Caselaw 7462 Cal

10.11.2022
Sl. No. 4.
Mithun.
Ct.No.42.

                          IA CRAN/1/2022
                                in
                          CRR/1659/2022

                         Subrojyoti Nandi
                               Vs.
                   State of West Bengal & Anr.

Mr. Sandipan Ganguly, Sr.Adv.
Mr. Anand Keshari, Adv.
Mr. J.S.Mukherjee, Adv.
                        ...for the applicant/de-facto complainant.

Mr. Saswata Gopal Mukherjee,Ld.P.P.
Ms. Faria Hossain, Adv.
Ms. Baisali Basu, Adv.
                                                      ...for the State.

      Affidavit-of-service be kept with the record.

      On perusal of the affidavit-of-service it appears that the

respondent No.2 was served on 24th September, 2022.

This is an application filed by the opposite party No.2/de-

facto complainant in CRR 1659 of 2022. By filing the instant

application, the applicant has prayed for recalling of the order

dated 7th July, 2022 disposing of the above numbered revision by

this Court with certain documents.

Primarily, it is contended on behalf of the applicant that the

applicant being the de-facto complainant was not given an

opportunity of being heard and in his absence the revision was

finally disposed of. Secondly, the order passed in the aforesaid

revision dated 7th July, 2022 has caused serious prejudice to the

applicant. Thirdly, a judgment or order passed by this Court can be recalled when it is passed in violation of basic cannon of

natural justice. Denial of opportunity of being heard, alleges the

de-facto complainant, is violation of principles of natural justice.

This Court is of the view that the instant application ought

to be heard in presence of the original petitioner in CRR 1659 of

2022/respondent No.2 herein and the State of West Bengal.

The State of West Bengal is represented by Mrs. Faria

Hossain, learned Advocate. Learned Public Prosecutor-in-Charge

is requested to produce the Case Diary on the next date of

hearing.

In the meantime, the applicant is directed to serve a fresh

notice upon the respondent No.2 stating that the instant

application shall be heard on 24th November, 2022.

The learned Public Prosecutor-in-Charge is also requested

to direct the Investigating Officer to intimate the date of hearing of

the instant application to the respondent No.2 and submit a

report through her.

In the meantime, operation of the order dated 7 th July, 2022

passed in CRR No. 1659 of 2022 be stayed till the disposal of the

instant application.

Be it recorded that at the time of hearing, the learned

Senior Counsel on behalf of the applicant refers to the following

decisions :-

(1) State of Madhya Pradesh Vs. Sughar Singh & Others

: (2010) 3 SCC 719;

(2) Daxaben Vs. State of Gujarat & Ors. : 2022 SCC OnLine SC 936;

(3) M.S.Tripathi Vs. C.H.Ramakrishna Rao & Anr. :

2010 SCC OnLine Cal 66.

The applicant is at liberty to communicate the gist of the

order passed in open Court to the Court below for information

and necessary action.

( Bibek Chaudhuri,

J. )