Sisir Kumar Bhadra And Others vs The State Of West Bengal
2023 Latest Caselaw 2139 Cal

Form J(1)        IN THE HIGH COURT AT CALCUTTA
                    Criminal Revisional Jurisdiction
                              Appellate Side


Present :
The Hon'ble Justice Bibek Chaudhuri

                              CRR 4012 of 2022

                         Sisir Kumar Bhadra and Others
                                       Vs.
                            The State of West Bengal

Mr. Dipankar Aditya
Ms. Tina Biswas
                 ..for the petitioner

Md. Sabir Ahmed
Md. Abdur Rakib
           ..for the President & Secretary of Bar

Mr. Tanmoy Kumar Ghosh
Ms. Pritha Paul
            ..for the State

Item No. 04


Heard & Judgment on:          30.03.2023


Bibek Chaudhuri, J.

In connection with Joynagar P. S. Case No. 851 of 2021 dated

22nd December, 2021 under Sections 341/323/324/34 of the Indian

Penal Code corresponding to G.R. Case No. 7774 of 2021 the learned

Magistrate issued warrant of arrest against the petitioners vide order

dated 12th July, 2022.

It is contended on behalf of the petitioners that the de facto

complainant is a law clerk of Baruipur Court. Under his influence the

learned advocates and the law clerks attached to Baruipur Sub-

Divisional Court refused to render any legal assistance to the

petitioners.

Getting legal assistance in a judicial proceeding is one of the

basic fundamental rights of a citizen and denial of such right amounts

to an act of violation of fundamental right of life and liberty.

Therefore, this Court on previous occasion directed the office bearers

of Baruipur Criminal Court Bar Association and the office bearers of

Law Clerks Association to appear before this Court to explain as to

why such decision was taken that violates the fundamental right of a

citizen, the petitioners herein. The office bearers of the criminal Court

Bar Association and the Law Clerks Association at Baruipur appeared

before this Court personally undertook to render all legal assistance to

the petitioners, if required.

It is submitted by the learned advocate for the petitioner that

the present petitioners are getting legal assistance and they have

been released on bail. It is also submitted that in view of such

changing circumstances, the instant revision may be disposed of

holding, inter alia, that the petitioners are at present getting legal

assistance and in view of the order of bail the impugned order dated

12th July, 2022 has lost its force. I have duly considered the

submission made by the learned advocate for the petitioner.

The instant revision is disposed of holding that the order dated

12th July, 2022 becomes infructuous in view of the fact that the

petitioners have already been released on bail.

(Bibek Chaudhuri, J.)