SANKAR ADDHYA Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) CRR 2751 of 2019 is taken up for hearing and disposal. This criminal revisional application is directed against an order dated September 12, 2019, passed by the learned Trial Court on an application filed by the prosecution on an application dated November 6, 2017, filed by the prosecution under Sec. 319 of the Code of Criminal Procedure, 1973. By the order impugned the learned Trial Court issued summons to the petitioner herein and other persons proposing to add them as accused on 12/9/2019.

(2.) Binapani Bairagi and Rakesh Bairagi being the grandmother and father of the murdered victim Himangshu Bairagi filed an application dtd. 16/9/2015 before the Court of the Learned Additional Sessions Judge, Fast Track Court, Bongaon, North 24 Parganas under Sec. 193 of the Code of Criminal Procedure, read with Sec. 228 of the said Code praying for issuance of summons upon the persons named by the said Binapani Bairagi in the course of her statement made before the Learned Judicial Magistrate, First Class, under Sec. 164 of Cr.P.C., read with Sec. 482 of Cr.P.C. The said application was rejected by the Court by order dtd. 8/10/2015. A criminal revisional application numbered as CRR No. 3901 of 2015 under Sec. 397/401 of the Cr.P.C. was filed read with Sec. 482 of Cr.P.C. challenging therein the propriety of the said order dtd. 8/10/2015 which is still pending for adjudication before the Court.

(3.) Another application numbered as CRR 3958 of 2015 was also filed by the grandmother and father of the victim praying for transferring the relevant case from the Learned Court of Additional Sessions Judge, Fast Tract Court, Bongaon, North 24 Parganas to the Court of Learned City Sessions Court at Calcutta. It is further contended that while other writ petitions and revisional application being No. CRR 3958 of 2015 were disposed of by the Hon'ble High Court, the Writ Petition No. 7308(W) of 2015 and CRR No. 3901 of 2015 along with other matters are pending for adjudication before the High Court at Calcutta. The petitioners Sankar Addya along with four others were added as opposite parties in CRR No. 3901 of 2015 pursuant to an order passed by the High Court at Calcutta. The petitioner herein/proposed accused person Sankar Addya after having been added as an opposite party in the aforesaid criminal revisional application, has been duly represented by the learned advocates whenever the said criminal revisional application along with other connected and unconnected matters, that have been tagged to CRR No. 3901 of 2015, have been taken up for hearing by the High Court.