Calcutta High Court (Appellete Side)
Sm. Menoka Malik & Ors vs The State Of West Bengal & Ors on 11 February, 2020
Author: Tirthankar Ghosh
Bench: Tirthankar Ghosh
1 01 11.02.2020 CRR 765 of 2002 g.b. Court No.34 Sm. Menoka Malik & Ors.
Vs. The State of West Bengal & Ors.
Mr. Sujay Bhattacharya Mr. Dibakar Bhattacharjya Mr. Manik Ch. Ghosh .......For the Petitioners Mr. Arijit Ganguly .....For the State Mr. Milon Mukherjee, Sr. Advocate Ms. N. Chakraborty Mr. Santanu Talukdar ....For the Opposite Party Nos. 2, 3, 5, 7, 9 to 12, 17, 18, 20 to 23, 27 to 31, 34 to 37, 39 to 42, 44 to 46, 48, 50, 54 to 56, 63 to 82 Report submitted by the Officer-in-charge, Memari P. S. be kept with the record.
Mr. Mukherjee, learned senior advocate appears for the majority of the accused opposite parties.
The report has been received from the Officer-in-charge, Memari Police Station which reflects that 81 notices were attempted to be served upon the accused opposite parties and it has been informed that 15 notices have been served, 14 notices could not be served as some of them have expired in the meantime and 39 persons refused to take notice which were affixed at their respective houses. The report also states that in respect of 6 accused persons no death certificate was produced 2 and 7 of the accused persons could not be traced. The whole of the process of service has been recorded vide Memari P. S. GDE No. 348 dt. 07.01.2020.
In view of the report received from the Officer-in-charge, Memari Police Station, I hold that the matter is at present in a position for being heard out on merits.
The Department is directed in the meantime to pursue the lower court records to be placed before this court on the next date fixed for hearing.
On behalf of the opposite parties a submission has been advanced in respect of the copies of the depositions. If upon compliance of the requisite formalities certified copy is applied by the accused opposite parties, the Department is directed to provide certified copy of the same within a fortnight from the date of the application.
Let the matter appear under the heading "Specially Fixed Matter" on 05.03.2020.
(Tirthankar Ghosh, J.)