The State Of West Bengal & Ors vs Md. Ashraf Ali & Ors
2023 Latest Caselaw 5377 Cal

21.08.2023
 SL No.37
Court No.8
    (gc)


                        MAT 1337 of 2016
             CAN 2 of 2016 (Old No: CAN 9028 of 2016)

                 The State of West Bengal & Ors.
                               Vs.
                      Md. Ashraf Ali & Ors.

                                 Mr. Tapan Kr. Mukherjee, A.G.P.,
                                 Mr. Somnath Naskar,
                                        ...for the State/Appellants.
                                 Md. Sarwar Jahan,
                                 Mr. S. N. Thander,
                                           ...for the Writ Petitioner/
                                                       Respondent.

1. The learned Counsel for the respondent

has fairly submitted that a Division Bench

had taken a view contrary to Ashim

Kumar Adgiri Vs. State of West Bengal

& Ors. reported at 2013 (2) CHN (Cal)

568 and both the decisions are required to

be taken into consideration in deciding the

appeal.

2. Under such circumstances, the appeal and

the application shall be listed after one

week (i.e. 28th August, 2023).

3. The parties are directed to file their short

notes and the relevant rules and

judgments in the meantime.

4. An affidavit of service shall be filed in

course of the day.

(Uday Kumar, J.) (Soumen Sen, J.)