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2026 DAILYLAW 12644 (CAL)

SANJAY GHOSH v. UNION OF INDIA AND ORS.

WPA/3306/2026 · 2026-04-21

Krishna Rao

body2026

Judgment text

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Item No.- 22 21.04.2026 Court No. 25 Rohan In the High Court at Calcutta Constitutional Writ Jurisdiction Appellate Side WPA 3306 of 2026 Sanjay Ghosh Versus The Union of India & Ors. Mr. Avijit Ghosal. … for the Petitioner 1. Affidavit of service filed by the petitioner is taken on record. 2. The petitioner has filed the present application praying for a direction upon the respondents for consideration of the representation dated 3rd September, 2025 for providing information regarding grant of compensation of Rs. 25 lakhs. 3. Learned counsel for the petitioner submits that the ESI Corporation has initiated a complaint case against the petitioner but the ESI Corporation has not issued any notice to the petitioner before filing of the complaint case against the petitioner. 4. This Court finds that the petitioner has enclosed the complaint filed by the ESI Corporation before the learned Magistrate, wherein, it reveals that the complainant has not relied upon any documents as 2 there is no list of documents mentioned in the complaint. If the complainant/prosecution intends to rely upon any documents, it is settled law that the documents are to be supplied to the accused. 5. Accordingly, this Court did not find any merit to pass any order in terms of the prayer (a) and (b), however, the writ petition is disposed of by directing the learned Metropolitan Magistrate, 5th Court at Calcutta to dispose of the complaint case being C/11179/2005 (ESI Vs. Sanjay Ghosh) as early as possible and without giving any unnecessary adjournments to any of the parties. 6. Thus, WPA 3306 of 2026 is disposed of. 7. Though the writ petition is disposed of at the motion stage, allegations made in the writ petition are deemed to have been denied. 8. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. 9. Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance with all requisite formalities. (Krishna Rao, J.)