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Calcutta High Court (Appellete Side)

Ayes Sk. @ Ayesh Sk. & Ors vs The State Of West Bengal & Anr on 12 April, 2022

Author: Bibek Chaudhuri

Bench: Bibek Chaudhuri

12.04.2022 Item No.44 Suman Ct.42 CRR 1697 of 2007 Ayes Sk. @ Ayesh Sk. & Ors.

Vs. The State of West Bengal & Anr.

Mr. Prattay Khan Mr. Somdev Ash ...for the petitioners This is an application under Sections 397/401 of the Code of Criminal Procedure read with Section 482 of the Code.

The prayer for adjournment is made on the ground of absence of the advocate on record namely Ayan Bhattacharjee, learned advocate.

It appears from the record that the petitioners have challenged the orders dated 12 th February, 2007, 21st March, 2007 and 15th February, 2007 passed by the learned trial Court. On perusal of the certified copy of the impugned order, this Court finds that no order was passed by the learned trial Judge on 12 th February, 2007 and Sessions Case No.42 of 2000 was not fixed on that date. On 15th February, 2007 one Dr. T. K. Bandopadhyay was examined and cross-examined as P.W.6 and discharged. The injury reports were marked 2 as exhibits 4 to 9 on proof. On 21 st March, 2007 out of seven accused persons, six accused were present. The trial Court fixed 2nd May, 2007 for appearance of the absentee accused persons.

From the order dated 15th February, 2007 it appears that trial of the case had already commenced.

Since prayer for adjournment is made on the personal ground of the learned advocate on record, the prayer is allowed fixing the instant revision on 21 st April, 2022.

Mr. Bhattacharjee, learned advocate is also specifically directed to take information and instruction as to whether S.C. No.42 of 2000 arising out of G.R. Case No. 520 of 1999 is still pending in the trial Court or not.

(Bibek Chaudhuri, J.)