Nymphaea Rubra Paul vs Unknown
2023 Latest Caselaw 4896 Cal

August 9, 2023 IN THE HIGH COURT AT CALCUTTA AD-29 CRIMINAL APPELLATE JURISDICTION Ct. 34 SG CRR 2048 of 2023

In Re. An application under Section 483 read with Section 482 of the Code of Criminal Procedure, 1973.

In the matter of: Nymphaea Rubra Paul ... petitioner

Mr. Abhra Jena ... for the petitioner.

Mr. Madhusudan Sur, ld. APP Mr. Palash Chandra Majhi ... for the State.

Mr. Apalak Basu Mr. Nazir Ahmed ... for the OP No.2.

The grievance of both the petitioner and the accused

person is taken into account.

So far as the supply relating to documents under

Section 207 Cr.P.C. is concerned, whole of the documents

have twice been handed over to Mr. Sur, learned advocate

for the State before this Court. The same enclosed the

seizure list and original letter dated 25.11.2015.

I find from the charge-sheet so submitted that there

are 3 witnesses and the petitioner has filed the complaint.

So far as the second witness is concerned, she

happens to be a seizure list witness.

As such, no further documents are required to be

supplied to the parties concerned.

It has been informed that the next date has been fixed

on September, 2023 before the learned trial court for

reconsideration of the application under Section 239

Cr.P.C. as directed by the sessions court while disposing of

the revisional application.

In view of the same pending before the learned

Judicial Magistrate, I direct that by October 17, 2023

learned Magistrate would fix as many dates he pleases but

pronounce the judgment on October 18, 2023.

Petitioner would be at liberty to communicate this

order within a fortnight so that the hearing of the

application under Section 239 Cr.P.C. can commence on

and from the next date so fixed on September 23, 2023.

With the aforesaid observations, CRR 2048 of 2023 is

disposed of.

Pending application, if any, is consequently disposed of.

All parties shall act on the server copy of this order duly

downloaded from the official website of this Court.

Urgent photostat certified copy of this order be

immediately made available to the parties, subject to

compliance with all requisite formalities.

( Tirthankar Ghosh, J. )