State Of West Bengal vs Unknown
2023 Latest Caselaw 238 Cal

09.01.2023                              GA 10 of 2005
  S/L. 8                                     With
Court No.12
 Suvayan/
                      IA No: CRAN 1 of 2006 (Old No. CRAN 1917 of 2006)
  Sourav
                 In the matter of: State of West Bengal
                                                                        ....Appellant.

                 Ms. Faria Hossain
                 Mr. Md. Kutubuddin
                                                                  ...for the appellant.


                    Heard    Ms.   Faria   Hossain,    learned    Counsel    for   the

              State/appellant.

                    From the paper book it is found that one trial vide Special

              Case No. 13 of 2003 was disposed of vide judgment dated

              28.09.2004 and the accused persons were acquitted.         Against this

              judgment, the present appeal has been filed. Further it is found that

              another trial bearing the same number Special Case No. 13 of 2003

              perhaps in case of a split up trial has come to be disposed of on

              30.06.2008.

                    Learned Counsel for the State submits that they have to find

              out if any appeal has been filed against the judgment of acquittal

              dated 30.06.2008.

                    None appears for the respondent in the appeal.

Regard being had to the facts and submissions, list this matter

on February 8, 2023. Learned Counsel for the State is directed to

obtain instruction in the meantime as to whether any appeal has bee

filed by the State challenging the later judgment in the split up trial.

We request Mr. Partha Sarathi Bhattacharyya, learned Counsel

present in Court to assist the Court so far as the respondent is

concerned in the appeal.

List this matter reflecting the name of Ms. Faria Hossai as

Counsel for the State/appellant and Mr. Partha Sarathi

Bhattacharyya as Counsel for the respondent during subsequent

listing of the case.

The Department is directed to supply paper book to both the

learned Counsel for the State and for the respondent.

(Chitta Ranjan Dash, J.)

(Partha Sarathi Sen, J.)