Sankar Dey v. State Of West Bengal & ANR

03.07.2026 Serial no. 519-521 CT.-35 [G.S.D] CRR 769 of 2009 In the matter of : Shymal Pramanick @ Shyamal Pramanick With CRR 1545 of 2009 In the matter of : Sri Biswajit Das & Ors.

With CRR 269 of 2015 CRAN 6 of 2017 (Old No. CRAN 5237 of 2017) CRAN 7 of 2020 (Old No. CRAN 275 of 2020) In the Matter of: Sankar Dey ... ... Petitioner(s) Mr. Chitta Ranjan Chakraborty Ms. Puspa Rani Jaiswara ... for the Petitioner(s) in CRR 269 of 2015 Mr. Sabir Ahmed ... for the petitioner in CRR 1545 of 2009 Mr. Amal Kumar Datta ... for the State - Respondent(s) In CRR 1545 of 2009 Mr. Mujibar Ali Naskar ... for the petitioner in CRR 769 of 2009 And o.p. no.2 in CRR 269 of 2015 The Deputy Superintendent (Crime), Cooch Behar has submitted a report wherein some time has been sought for from this court for addressing the following issues in respect of the subsequent investigation carried out by the said officer. The said issues are as follows:

'1. To further investigate the case and collect more evidences against the accused persons responsible for the crime.

2. To collect death certificate of the accused persons of both the cases who had expired during these periods.

3. To unearth the actual fact of the incident of this case and collect more and incriminating evidence."

The records of the case reflect that the Sessions case being SC No. 131 of 2013 is pending before the learned Additional Sessions Judge, Cooch Behar.

The genesis of the case arose out of the same incident. However, each of the revisional applications generate out of separate set of circumstances for which the investigation was separately done.

Having considered that the investigation of the case pursuant to the direction of this court is still pending, I am of the opinion that since the learned Additional Sessions Judge is already in seisin of one of the cases, in my opinion, further pendency of these three revisional applications is unwarranted. The Deputy Superintendent (Crime), Cooch Behar will submit a report before the learned Additional Sessions Judge, Cooch Behar, who is already in seisin of SC 131 of 2013. So far as the other revisonal applications are concerned filed by Biswajit Das and Shymal Pramanick, let the proceeding of the said cases arising out of Tufanganj PS Case No. 81 of 2008 dated 12.06.2008 and Tufanganj PS Case No. 82 of 2008 dated 12.06.2008 be transferred and placed before the learned Additional Sessions Judge, who is already in seisin of one of the case.

A report, to that effect, be submitted within a reasonable period of time preferably within six months before the Learned Sessions Court who is already in seisin of the case. The learned Sessions Judge after receipt of the report along with merits of the

cases would take a decision in respect of the proceeding of the cases concerned.

With the aforesaid observations, CRR 769 of 2009; CRR 1545 of 2009 and CRR 269 of 2015 along with CRAN 6 of 2017 (Old No. CRAN 5237 of 2017) and CRAN 7 of 2020 (Old No. CRAN 275 of 2010) is disposed of.

Both the cases records being Tufanganj Case No. 81 of 2008 and Tufanganj Case No. 82 of 2008 be transferred to the court of learned Additional Sessions Judge, Cooch Behar, who would, as directed above, proceed with the matter accordingly. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta. (Tirthankar Ghosh, J.)