Calcutta High Court

WPA/1046/2025 of SANTOSH KUMARROY AND ANR Vs THE STATE OF WEST BENGAL AND ORS on 18 August 2026

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2025,

W.P.A. 1046 of 2025,

A. Roy,J.

Form J(2)

Sl. No. 32

AB

High Court at Calcutta

In the Circuit Bench at Jalpaiguri

Constitutional Writ Jurisdiction

Appellate Side

Present:

The Hon’ble Justice Aniruddha Roy

W.P.A. 1046 of 2025

Santosh Kumar Roy & Anr.

Vs.

The State of West Bengal & Ors.

For the petitioners

:

Ms. Suman Sehanabis

For the State

:

Mr. Arijit Ghosh

Ms. Somdutta Patra

Heard on

:

August 18, 2026

Judgment on :

:

August 18, 2026

[ IN COURT ]

Aniruddha Roy,J.

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1. Affidavit of service filed in Court today is taken on record.

2. On the prayer of Ms. Suman Sehanabish, learned advocate appearing for the petitioners, leave is granted to the petitioner to file supplementary affidavit. Supplementary filed in Court today is taken on record.

3. Mr. Arijit Ghosh learned advocate appears for the State.

4. After considering the materials on record and after considering the supplementary affidavit filed on behalf of the petitioners, this Court is of

W.P.A. 1046 of 2025, A. Roy,J.

2 the view that, since the Criminal trial is pending before the jurisdictional Criminal Court, the cause in the writ petition, if at all is to be agitated, the same shall have to be agitated before the jurisdictional Criminal Court where the Criminal Trial is pending.

5. It is made clear that, this Court has not gone into the merits of the claim and counter claim of the parties and/or the merits of the charges leveled against the petitioners.

6. The jurisdictional Criminal Court shall expedite the trial. The jurisdictional Criminal Court while proceeding with the trial shall not be influenced by any observation made by this Court and shall proceed independently on the merits of the Criminal case strictly in accordance with law.

7. Since affidavits are not called for, allegations made in this writ petition are deemed not to have been admitted by the respondents.

8. With the above observations and directions this writ petition being WPA 1046 of 2025 stands disposed of, without any order as to costs.

9. Photostat certified copy of this order, if applied for, be furnished expeditiously.

(Aniruddha Roy, J.)

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