Afjal Ali Sha @ Abjal Shaukat Sha vs The State Of West Bengal And Others
2023 Latest Caselaw 5971 Cal

 D/L163                              C.R.R.2880 of 2023
06.09.2023

Bpg.

Afjal Ali Sha @ Abjal Shaukat Sha Versus The State of West Bengal and others

Mr. Sourav Chatterjee Mr. Rajdeep Majumder Mr. Moyukh Mukherjee Mr. Soumya Nag Mr. Aditya Tiwari Ms. Namrata Chatterje.

...for the petitioner.

Mr. Saswata Gopal Mukherjee, Ld.P.P. Mr. Rudradipta Nandy Ms. Sonali Das.

...for the State.

Mr. Arup Kumar Roy Mr. Ashutosh Singh.

...for the opposite party no.3.

Mr. Pawan Kumar Gupta Mr. Anup Kr. Roy.

...for the opposite party nos.4 and 5.

In Transfer Petition (Criminal) No.409 of 2021 the

Hon'ble Supreme Court vide its judgment was pleased to pass the

following directions amongst others:

"The State of West Bengal is directed to appoint a

Special Public Prosecutor on the recommendations of the

Chief Judge, City Sessions Court, Calcutta with the prior

approval of the High Court. This exercise shall be

completed within two weeks."

In view of the direction passed by the Hon'ble Supreme

Court to engage a Special Public Prosecutor on the

recommendations of the Chief Judge, City Sessions Court, Calcutta

with the prior approval of the High Court, I am of the view that a

Special Public Prosecutor should be appointed by this Court for the

purpose of the present case being S.C. Case No.23 of 2023.

Mr. Koushik Gupta, learned advocate, is appointed as

Special Public Prosecutor. The Legal Remembrancer, Government

of West Bengal will bare the charges of the Special Public

Prosecutor as is fixed in respect of the Special Public Prosecutor

who are empanelled with the Government of West Bengal.

Petitioner is directed to serve a copy of the revisional

application upon Mr. Gupta, learned Special Public Prosecutor, who

would conduct the case.

Earlier, Mr. Mukherjee, learned Public Prosecutor and

Mr. Nandy, learned Additional Public Prosecutor assisted this

Court. They are relieved from their duty from the present case

pursuant to the spirit of the direction passed by the Hon'ble

Supreme Court.

List the revisional application under the heading

"Specially Fixed Matter" on 12th September, 2023 at 3.30 p.m.

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

downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)