Indranil Bhattacharya v. State of West Bengal and Anr.

Calcutta HC14 May 2024CRR/59/2024

Case brief

AI extract

What is this about?

Return of seized birds; remand by Calcutta High Court to Additional Chief Judicial Magistrate, Bidhannagar for expedited hearing (hearing fixed 24.05.2024; disposal directed by 13.06.2024) despite State objection raised after case-diary production; petitioner to renew prayer by 17.05.2024; C.R.R. 59 of 2024; Tirthankar Ghosh, J.; order dated 14.05.2024; underlying matter POR/28/WL/23-24, G.R. 1085 of 2023; no statutes or precedents discussed; no monetary amounts involved.

What did the court decide?

No immediate return of the birds ordered by this Court; the matter remanded to the learned Additional Chief Judicial Magistrate, Bidhannagar with directions for the petitioner to renew his prayer by 17.05.2024, a hearing on 24.05.2024 with the State and affected parties heard, and disposal of the return application by 13.06.2024. ¶¶12

Indranil Bhattacharya Vs State of West Bengal and Anr. — Calcutta HC (2024) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner is entitled to the return of the birds seized and retained by the authorities.

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Court's answer

Although the State raised objection after producing the case diary, the Court — having regard to the urgency expressed by the petitioner's advocate and the apprehension that the birds may be infected where they have been retained by the authorities — directed that the matter be remanded back for urgent hearing of the issue relating to return of the seized birds.

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Ratio / Principle

The petitioner is directed to renew his prayer for return of the seized birds before the learned Additional Chief Judicial Magistrate, Bidhannagar by 17.05.2024, by relying on the earlier application or by filing an additional/fresh application.

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Key takeaways

The learned Magistrate is preferably to pass a direction fixing a hearing on 24.05.2024, hearing out the State as well as the affected parties, if any.ratio¶¶10
All efforts are to be taken so that the learned Magistrate disposes of the application relating to return of the seized birds by 13.06.2024.ratio¶¶11
With the aforesaid observations, the revisional application being CRR 59 of 2024 is disposed of.

Detailed headnote1 paragraphs

High Court at Calcutta (Criminal Revisional Jurisdiction), C.R.R. 59 of 2024, decided 14.05.2024 by Tirthankar Ghosh, J.: Shri Indranil Bhattacharya challenged the order dated 20.12.2023 of the learned Additional Chief Judicial Magistrate, Bidhannagar in Case No. POR/28/WL/23-24 (G.R. No. 1085 of 2023) and prayed for return of seized birds. Although the State raised objection after producing the case diary, the Court — mindful of the urgency expressed by the petitioner's counsel and the apprehension that the birds may be infected where retained by the authorities — remanded the matter for urgent hearing. The petitioner was directed to renew his prayer before the Magistrate by 17.05.2024 (relying on the earlier application or filing an additional/fresh one); the Magistrate was preferably to fix hearing on 24.05.2024, hearing the State and any affected parties, and to dispose of the return application by 13.06.2024. The revisional application and any connected application were disposed of; no return of the birds was ordered by this Court.

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14.05.2024 Item No.40 Ct.No.34 dc.

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IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION

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C.R.R. 59 of 2024

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In the matter of : Shri Indranil Bhattacharya … Petitioner.

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Mr. Kumar Senthil, Mr. Pratip Mukherjee, Mr. Sudip Basu, Ms. Dibyanjona Das … For the Petitioner. Mr. Rudradipta Nandy, Mr. Subham Kanti Bhakat … For the State.

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The petitioner has challenged the order dated 20.12.2023 passed by learned Additional Chief Judicial Magistrate, Bidhannagar in Case No. POR/28/WL/23-24 vide G.R. No. 1085 of 2023. The petitioner has prayed for return of seized birds.

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State raises objection after producing the case diary, but having regard to the urgency expressed by the learned advocate appearing for the petitioner and expressing his apprehension that the birds may be infected in the atmosphere where they have been retained by the authorities, I direct that in the circumstances for urgent hearing of the issue relating to return of the seized birds, the matter be remanded back.

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The petitioner will renew his prayer for return of the sized birds before the learned Additional Chief Judicial Magistrate, Bidhannagar by relying on the earlier application or by filing an additional/fresh application, if any, by 17.05.2024.

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The learned Magistrate will preferably pass a direction thereby fixing a hearing on 24.05.2024. The State as well as the affected parties, if any, be heard out.

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All efforts be taken so that by 13.06.2024, the learned Magistrate will dispose of the application relating to return of the seized birds.

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With the aforesaid observations, the revisional application being CRR 59 of 2024 is disposed of.

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

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

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

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(Tirthankar Ghosh, J.)