CRIMINAL APPEAL 74 of 2016 on 21 December 2017

D/L 17

February25, 2022

Bpg.

C.R.R. No.689 of 2018

WithCRAN 962 of 2020(Via Video Conference)

In Re: An application under Section 401/482 of the Code of CriminalProcedure, 1973; Tarun Halder

Versus

The State of West Bengal & Ors.

Mr. Dhiman Ray,

Mr. Partha Sengupta,

Mr. Dip Chanda.

…for the petitioner.

Mr. Madhusudan Sur,

Mr. Dipankar Paramanick.

…for the State.

Ms. Sreyashee Biswas.

…for the opposite party no.2/KMC.

Earlier, Ms. Sreyashee Biswas, learned advocate, wasdirected to appear for the KMC Authorities. Her appointment maybe regularised by the concerned authorities.

Mr. Sur, learned Additional Public Prosecutor, HighCourt, Calcutta, is directed to represent the State. His appointmentmay be regularised by the concerned authorities.

Learned advocate for the petitioner is present.

The subject matter of the revisional application relates to judgment and order dated 21.12.2017 passed by the learnedAdditional District and Sessions Judge, 2[nd] Fast Track Court,Bichar Bhawan, Calcutta in Criminal Appeal No.74 of 2016. The said appeal arose out of the judgment and order dated 09.05.2016passed by the learned Municipal Magistrate, 1[st] Court, Calcutta inMisc. File No.163 of 2015.

As the subject matter of the revisional application relatesto an order of conviction and sentence, I am of the opinion thatwithout considering the lower court records, the same cannot bedisposed of. Accordingly, the records of both the appellate courtand the trial court be placed before this Court on the next date fixedfor hearing.

Pending hearing of the revisional application there shallbe stay of execution of sentence till 5[th] April, 2022.

List this matter under the heading “ContestedApplication” on 29[th] March, 2022.

Accordingly, CRAN 962 of 2020 is disposed of.

Learned advocate for the petitioner is directed to serve acopy of the revisional application as well as the connectedapplications upon the learned advocate appearing for the KMC aswell as Government of West Bengal and file affidavit-of-service onthe next date fixed for hearing.

All parties shall act on the server copy of this order dulydownloaded from the official website of this Court.

(Tirthankar Ghosh, J.)