Calcutta High Court (Appellete Side)
Sanjib Sadhu vs Raunak Agarwal & Anr on 26 July, 2022
Author: Tirthankar Ghosh
Bench: Tirthankar Ghosh
26.07. 2022 item No.23 n.b.
ct. no. 34 CRM(SB) 98 of 2022 Sanjib Sadhu Vs. Raunak Agarwal & Anr.
Mr. Rajdeep Mazumder, Mr. Mayukh Mukherjee, Ms. Aishwarya Bazaz, .....for the Petitioner Mr. Tanmoy Kr. Ghosh, Ms. Sonali Bhar, .....for the State Mr. Navanil De., Mr. Abhijit Chakraborty, Ms. Sonali Bag .... For the opposite party no.1 Affidavit-in-opposition and affidavit-in-reply filed by the parties be kept with the record.
Mr. Rajdeep Mazumder, learned advocate appearing for the applicant in the application under Section 439(2) of the Code of Criminal Procedure submits that the charge sheet in connection with the instant case has been submitted without effective materials being collected by the Investigating Agency and the Learned Court by an order dated 6.11.2020 granted bail without adhering to the settled proposition of law and only on the premise that notice under Section 41A of the Code of Criminal Procedure was only complied with.
Mr. Ghosh, learned advocate appears on behalf of the State and submits that the presence of the Investigating officer 2 is required for assisting him in respect of the materials collected for submission of the charge-sheet.
Mr. Navanil De, learned advocate appears for the private opposite party.
In view of such submissions, list this matter under the heading "Personal Appearance" on July 29, 2022.
All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
( Tirthankar Ghosh, J.)