(1.) Like Article 21 of the Constitution of India, perhaps the last word in the conspectus of the Law governing the field in relation to sub-section (2) of Section 439 CrPC is yet to be said. Perhaps, never to be said. It is ever widening.
(2.) In the glasshouse of such situation, we will be required to assess the irnpeachability of the order dated 26.2.2009 in CGR Case No.4173 of 2008 and its connected Applications passed by the learned Additional Chief Judicial Magistrate, Alipore, which has been both, found fault with, by the State of West Bengal on one hand in C.R.M. No.7677 of 2009, C.R.M. No.7679 of 2009, C.R.M. No.7680 of 2009, C.R.M. No.7681 of 2009, C.R.M. No. 7682 of 2009, C.R.M. No.7684 of 2009 and C.R.M. No.7685 of 2009 whilst on the other hand by the de facto Complainant in C.R.M. No. 13602 of 2009, C.R.M. No. 13603 of 2009, C.R.M. No. 13606 of 2009, C.R.M. No. 13608 of 2009, C.R.M. No. 13623 of 2009, C.R.M. No. 13629 of 2009 and C.R.M. No. 13685 of 2009.
(3.) Stemming from the common cause of action, these Applications have bubbled up with the similar grievance felt by two different segments in the original proceeding. They would be required to be dealt with, in this Application as a common factor and the fate of each of them would be guided by the disposal of this order.
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