Sankha Subhra Sarkar and Others Vs State of West Bengal and Anr. — Calcutta HC (2024) — LawSathi Research

Sankha Subhra Sarkar and Others Vs State of West Bengal and Anr. — Calcutta HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

CRR 1570 of 2023 and pending connected applications disposed of with directions: trial court to consider dispensation of personal appearance under Section 205 CrPC on a duly supported application; petitioners directed to prefer a Section 239 CrPC discharge application to be decided by the trial court independently, without influence from this Court's observations, within 90 days; case diary to be returned to the learned advocate for the State.

Issue for consideration

Whether, at the present stage of the case (supplementary charge-sheet filed and served), the Section 482 CrPC petition should be decided on merits or the petitioners should be relegated to a discharge application under Section 239 CrPC. +1 more

Court's answer

Considering the stage of the case, the Court did not decide the merits but directed the petitioners to prefer an application under Section 239 CrPC.

Ratio / Principle

If the aged petitioners take out an application with supporting documents in accordance with settled provisions of law, the learned trial court would take into account the provisions of Section 205 CrPC and dispense with their personal appearance at appropriate stages of the case.

Key takeaways

The learned trial court shall consider the Section 239 application in accordance with law, without being influenced by any observations made by this Court, independently arriving at its own finding within 90 days from the date of filing of the application.ratio¶9

Detailed headnote1 paragraphs

Section 482 CrPC petition (C.R.R. 1570 of 2023) disposed of without deciding merits. Supplementary charge-sheet had been filed before the jurisdictional court and served on the accused. Held: (i) on an application with supporting documents by the aged petitioners, the trial court shall consider Section 205 CrPC and dispense with personal appearance at appropriate stages; (ii) petitioners were directed to prefer an application under Section 239 CrPC, which the trial court shall consider in accordance with law, uninfluenced by this Court's observations, and decide independently within 90 days of filing. Connected applications disposed; case diary returned to State counsel.

D/L38 C.R.R.1570 of 2023 13.05.2024 Bpg. In Re: A petition under Section 482 of the Code of Criminal Procedure, 1973;

Sankha Subhra Sarkar and others Versus The State of West Bengal and another

Mr. Soumik Ganguli Mr. Dilip Kumar Sadhu Ms. Chandana Chakraborty. …for the petitioners.

Mr. Anwar Hossain. ...for the State.

Earlier order reflects that supplementary charge-sheet has been submitted before the jurisdictional court. Copies of the same have already been served upon the accused persons.

If any application is taken out by the age old petitioners with supporting documents then in that case learned trial court would take into account the provisions of Section 205 of the Code of Criminal Procedure and at appropriate stages of the case dispense with personal appearance of the petitioners if such application is filed in accordance with settled provisions of law.

So far as the merit of the case Mr. Ganguli, learned advocate appearing for the petitioners stresses that earlier complaint was filed which was dismissed for non-persuasion at the instance of the de facto complainant. The same has no relevance under the provisions of Code of Criminal Procedure as the present case has been instituted on the basis of an FIR and the investigation has been taken to its logical conclusion.

2

Having considered the stage of the case, I direct the petitioners to prefer an application under Section 239 of the Code of Criminal Procedure. The learned trial court will consider the said application in accordance with law without being influenced by any observations made by this Court and independently arrive at its own finding within a period of 90 days from the date of filing of the said application.

With the aforesaid observations, CRR 1570 of 2023 is disposed of.

Pending connected application, if any, is consequently disposed of.

Case diary be returned to the learned advocate appearing for the State.

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

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)