Soumendu Adhikari vs Abu Sohel & Anr
2023 Latest Caselaw 1497 Cal

28.02.2023 Ct. No.34 S/L No.6 KS C.R.R. 551 of 2022 Soumendu Adhikari

-Vs.-

Abu Sohel & Anr.

Mr. Sudipto Moitra Mr. Sourav Chatterjee Mr. Rajdeep Majumder Mr. Moyukh Mukherjee ..... For the Petitioner Mr. Saswata Gopal Mukherjee, Ld. P.P. Mr. Rudradipta Nandi Mr. Pinak Kumar Mitra .....For the State Mr. Soumen Kumar Dutta Mr. S. Bhattacharjee

.....For the Opposite Party No.1

Mr. Mukherjee, learned Public Prosecutor resists the submissions

advanced by Mr. Moitra, learned advocate appearing for the petitioner.

Learned Public Prosecutor relies upon State of Haryana & Ors. Vs. Bhajan

Lal & Ors. reported in 1992 Supp (1) SCC 335, Lalita Kumari Vs.

Government of Uttar Pradesh & Ors. reported in (2014) 2 SCC 1 and

distinguishes Priyanka Srivastava & Anr. Vs. State of Uttar Pradesh &

Ors. reported in (2015) 6 SCC 287, Babu Venkatesh & Ors. Vs. State of

Karnataka & Anr. reported in (2022) 5 SCC 639.

Learned Public Prosecutor also referred to a Co-ordinate Bench

judgment delivered in CRR 2322 of 2022 and also relied upon Tilly Gifford

Vs. Michael Floyd Eshwar & Anr. reported in (2018) 11 SCC 205.

Mr. Dutta, learned advocate appearing for the private opposite

party no.1/de facto complainant presents the facts of the case and the

compelling circumstances under which he filed the application under

Section 156(3) of the Code of Criminal Procedure before the learned

A.C.J.M. Learned advocate drew attention of the Court to the annexure of

the 156 application which included the letter of complaint dated 1st

February, 2022, the mail sent to the office of the Superintendent of Police on

3rd February, 2022, the order passed by the Hon'ble Division Bench of this

Court on 15th February, 2022 as also the report submitted by the police

authorities before the Hon'ble Division Bench. Learned advocate also

relied upon State of Haryana & Ors. Vs. Bhajan Lal & Ors. reported in

1992 Supp (1) SCC 335 and Lalita Kumari Vs. Government of Uttar

Pradesh & Ors. reported in (2014) 2 SCC 1.

Mr. Moitra, learned advocate intends to continue his argument

tomorrow (01.03.2023).

List this revisional application under the same heading on 1st March,

2023.

All parties are directed to act on the server copy of this order

downloaded from the official website of this Hon'ble Court.

(Tirthankar Ghosh, J.)