37 g.b. 07.08.2026 Court No.30 CRR 2300 of 2024 Safikul Sk. Vs. State of West Bengal & Anr. Mr. Pawan Gupta Mr. Kunal Ganguly …….For the Petitioner Mr. Pritam Roy Mr. Narattam Acharyya …..For the State 1. Learned counsel for the petitioner submits that due to inadvertence, they have communicated the order of stay to the Learned Trial Court in a hurry because the next date was fixed for hearing before the Trial Court, but this Court instead of passing an interim order of stay has decided to dispose of the revisional application. 2. Accordingly, on hearing the learned counsels for the parties and considering the submission of Mr. Gupta, learned counsel for the petitioner, which has been recorded by this court on 04.08.2026, it is not before this Court as to whether, charge has not been framed by the Trial Court or not. 3. In the order dated 04.08.2026, it has been recorded as follows: “Learned counsel for the petitioner has relied upon the two judgements in support of his case which are as follows: (i) (2016) 4 CAL LT 568 (HC) in the case of Furkan Sk. Vs. The State of West Bengal. (ii) CRA No. 480 of 2009 in the case of Amir Chand Mondal Vs. The State of West Bengal. 2 It is the contention of the learned counsel for the petitioner on relying upon the said judgements that Sections 326 and 307 cannot be taken together in a single case.” 4. The revisional application is thus disposed of with liberty granted to the petitioner to raise the issue raised in the criminal revision along with his argument and the judgements relied upon, before the Learned Trial Court at the time of framing of charge. 5. Charge, if already framed, then the petitioner will be at liberty to raise the issue at the appropriate stage, which the court shall consider in accordance with law. 6. CRR 2300 of 2024 stands disposed of. 7. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties on urgent basis after completion of necessary formalities. ( Shampa Dutt (Paul), J.)