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2025 DAILYLAW 65048 (CAL)

NASIB DHALI AND OTHERS v. STATE OF WEST BENGAL AND ANR

CRR/3043/2022 · 2025-06-09

Chaitali Chatterjee Das

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

39. 24-11-2025 (ct. no.34) debajyoti IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction CRR 3043 of 2022 + IA NO:CRAN/1/2025 Nasib Dhali & Ors. Vs. The State of West Bengal & Anr. Mr. Pronojit Roy, Adv., Mr. Ashutosh Mandal, Adv. … For the Petitioners. Mr. Debasish Roy, learned Public Prosecutor, Ms. Sreyashee Biswas, Adv. … For the State. Re : CRAN/1/2025 1. This is an application for recalling of the order dated June 09, 2025, whereby this revisional application was dismissed for default. 2. In pursuance of the direction of a coordinate Bench of this Court, the State has furnished a report regarding service upon the opposite party no.2. The report is dated 20th November, 2025. Let the report be taken on record. A copy of the same be handed over to the learned advocate for the petitioners. 3. It transpires from the report that the service was effected upon the petitioner, when the direction was to serve the opposite party no.2. The State shall be cautious enough while complying with the direction of this Court. However, in order to expedite the matter, the State is directed to comply with the direction of the coordinate 2 Bench at the earliest and to submit a report on the next date of hearing. 4. It is submitted that when the matter was called on for hearing on June 09, 2025, the learned advocate for the petitioner missed the board and could not attend the Court and this order of dismissal was passed. There is no deliberate laches or negligence or mala fide intention on the part of the petitioners. Learned advocate for the petitioners prays for recalling of the order dated June 09, 2025. 5. It is further submitted by learned advocate for the petitioners that due to inadvertent mistake, the date of dismissal of this revisional application is mentioned as 10th June, 2025 in the restoration application, when it ought to have been 09th June, 2025. Leave is granted to the learned advocate-on-record for the petitioners to carry out necessary correction in the restoration application. 6. Learned advocate for the State is present before this Court. 7. Considering the facts and circumstances of the case and the explanation assigned in the restoration application, this Court is satisfied that there was sufficient cause which prevented the learned advocate for the petitioners to appear before the Court when the matter was dismissed for default. The prayer, thus, stands allowed. Let the revisional application be restored to its original file and number. 8. In view of the same, CRAN 1 of 2025 is disposed of. 9. The petitioners are further directed to serve a notice of intimation to the opposite party no.2 by Registered Post with Acknowledgement Due. 3 10. Let the matter be listed in the Combined Monthly List of January, 2026. 11. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. 12. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities. [Chaitali Chatterjee (Das), J.]