Md. Safikul Sekh @ Safikul Sk vs State Of West Bengal & Anr
2024 Latest Caselaw 5234 Cal

Calcutta High Court (Appellete Side)

Md. Safikul Sekh @ Safikul Sk vs State Of West Bengal & Anr on 29 October, 2024

IN THE HIGH COURT AT CALCUTTA 29.10.24 Criminal Revisional Jurisdiction S.D/KAUSHIK Item no.06 CRR 4676 of 2024

Md. Safikul Sekh @ Safikul Sk.

-Vs-

State of West Bengal & Anr.

Mr. Sayan Banerjee ...For the petitioner.

It is submitted at the behest of the petitioner that the First Information report of the case has been registered on 18th July, 2024 but surprisingly a notice dated 8th September, 2024 under Section 35(3) of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) has been served upon him on 8th September, 2024 i.e. 52 days after the alleged incident and as such there is a clear violation of the direction of the Hon'ble Apex Court in the judgment delivered in connection with Md. Asfak Alam Vs. The State of Jharkhand & Anr.

It is further submitted by the learned counsel that in connection with the instant case one Mr. Manas Bhattacharjee moved an application before this Court in CRR 4306 of 2024 wherein this Court passed an order on 27th September, 2024, inter alia, directing not to pass any coercive steps against the said Mr. Manas Bhattacharjee till 24th December, 2024 or until further orders, whichever is earlier.

I have gone through the order passed by the Coordinate Bench of this Court in connection with CRR 4306 of 2024 and also consider the submission as advanced by the learned counsel on behalf of the petitioner.

It appears that the instant matter to be heard on merit. Petitioner is directed to serve copy of this application along with all annexures thereto upon the Opposite Party and file an affidavit-of-service on the adjourned date.

In the meantime, no coercive steps shall be taken against the

petitioner in connection with the present matter till 11th November, 2024 or until further orders, whichever is earlier.

Let the matter appear under the heading 'Contested Application' on 4th November, 2024.

Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities.

(Prasenjit Biswas, J.)