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Calcutta High Court · body

2026 DAILYLAW 27249 (CAL)

SHRI. SUSHIL CHANDRA SARKAR v. THE STATE AND ANR

CRR/34/2026 · 2026-07-09

Sugato Majumdar

body2026

Judgment text

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1 IN THE HIGH COURT AT CALCUTTA [ CIRCUIT BENCH AT PORT BLAIR ] *** CRR/34/2026 With CRR/35/2026 With CRR/36/2026 Shri. Sushil Chandra Sarkar Vs. The State and another Mr. KMB Jayapal …. for the petitioner Mr. Sumit Kr. Karmakar … for the State Mr. K. Sheheer … for the respondent no.2 July 09, 2026 [SR] Item No.8 1. The instant application is filed praying for setting aside the order no.8 dated 02.01.2026 passed by the learned Judicial Magistrate First Class-II, Port Blair. In terms of the impugned order, consideration of condonation of delay was deferred as the petitioner was directed to file the death certificate of the concerned family members. 2. Copies served. 3. Mr. KMB Jayapal, the learned Counsel appearing for the petitioner submitted that since the relatives lived in a remote village of Sunderban, West Bengal, death certificate could not be obtained as yet from the other members of the family. However, proceeding is unnecessarily pending. 4. Learned Counsel for the respondent no.2, who is the accused therein, submitted that the pending proceeding under section 138 of N.I.Act may be expedited without any delay. 5. On hearing both the Counsels, the instant application is disposed of with a direction that production of death certificate, as contemplated in the order dated 02.01.2026, be dispensed with. However, the issue of condonation of delay shall be decided by the learned Trial Court on its merit and shall try to expedite the hearing of the matter. 6. Accordingly, revisional applications are disposed of. ( Sugato Majumdar, J. )