SAMIM MOLLA AND OTHERS v. STATE OF WEST BENGAL AND ANR
CRR/3563/2023 · 2026-09-18
Uday Kumar
body2026
DailyLaw.ai
[ 2026 DAILYLAW 41298 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 41298 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
18.9.2026 SL No. 29 Ct No. 42 SB
CRR 3563 of 2023 CRAN 1 of 2023 CRAN 2 of 2026 (Original not is file)
Samim Molla & Ors. Vs. The State of West Bengal & Anr. Mr. Arnab Chatterjee … for the petitioners
Mr. Rajdeep Biswas
Mr. Ravi Ranjan Kumar … for the State
Mr. Aritra Bhattacharya
Mr. S. K. Dutta
… for the O.P. No. 2
1. Learned counsel appearing on behalf of the petitioners seek leave of this Court to withdraw this revisional application. He submits that the trial has already progressed substantially inasmuch as all the private witnesses have been examined, and the matter is now fixed on 16.11.2026 for recording of the evidence of Investigating Officer and Medical Officer. He contends that in view of such advanced stage of trial of the impugned proceeding, this instant application does not deserve to be continued and consequently prays for withdrawal of this revisional application along with the connected application being CRAN 1 of 2023 which was filed by the petitioner on 23rd November 2023 praying for stay of the proceeding before the Learned Trial Court. 2. Mr. Aritra Bhattacharya attempts to represent the O.P. No. 2 for the purpose of pressing CRAN 2 of 2026. However strong objection has been raised by the learned counsel for the petitioner as to his locus standi, pointing out that no Vakalatnama has been filed on behalf of the O.P. No. 2. It is further submitted that although the O.P. No. 2 has filed the said CRAN 2 of 2026 in person on 7th September 2026, she is absent on call; and questions regarding maintainability of the said application has also been raised. 3. Be that as it may, since the petitioner is pressing for withdrawal of the revisional application, this Court finds no occasion to enter into the merits of the matter. 4. Furthermore, since the O.P. No. 2 is not present to press her application (CRAN 2 of 2026) and the counsel lacks proper authorization to do so, the instant revisional application is dismissed as withdrawn. 5. Consequently, the connected applications being CRAN 1 of 2023 and CRAN 2 of 2026 are also disposed of. 6. There is no order as to costs. 7. Interim order, if there be any, stands vacated. 8. Learned Trial Court is directed to proceed with the trial expeditiously and strictly in accordance with law.
9. Urgent certified photostat copy of this order, if applied for, be supplied to the parties, upon compliance with all requisite formalities. (Uday Kumar, J.)