Calcutta High Court (Appellete Side)
An Application Under Sections 397/401 ... vs Abhijit Kaibartya @ Kaibarta on 24 January, 2017
Author: Joymalya Bagchi
Bench: Joymalya Bagchi
1 Sl. January C.R.R. 209 of 2017
153. 24, 2017 In the matter of: An application under Sections 397/401 read with Section 482 of the Code of Criminal Procedure;
And In the matter of : Abhijit Kaibartya @ Kaibarta Versus State of West Bengal & anr.
Mr. Aritra Bhattacharya, ...for the petitioner.
It is submitted on behalf of the petitioner that the petitioner was a child in conflict with law at the relevant point of time and the school leaving certificate was produced in support of such contention.
Mr. Pawan Kumar Gupta, learned advocate, who ordinarily appears on behalf of the State, is present in court and is requested to appear in this matter and to produce the case diary on the next date of hearing.
A copy of this revision petition is handed over to Mr. Gupta in court.
Let this revisional application appear under the heading "for orders" two weeks hence.
In the meantime, the petitioner is directed to serve a copy of this revisional application on the opposite party no. 2 through registered speed post with acknowledgment due and to file an affidavit of service at the next hearing.
There shall be stay of all further proceeding in Sessions Case No. 338 of 2013 arising out of Para Police Station Case No. 78 of 2013 dated 2 September 2, 2013 under Sections 376/417 of the Indian Penal Code pending before the learned Additional Sessions Judge, Fast Track Court No. 1 at Purulia, for a period of four weeks from date or until further orders, whichever is earlier.
The petitioner is at liberty to pray for extension of this order dns on the selfsame application upon notice to the opposite parties. The opposite parties are also at liberty to apply for variation, vacation and/or modification of this order upon notice to the petitioner.
( Joymalya Bagchi, J. )