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2026 DAILYLAW 4757 (CAL)

SARAD KUMAR THAKUR AND ANR. v. STATE OF WEST BENGAL AND ORS.

WPA/25688/2025 · 2026-02-04

Suvra Ghosh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

22 jdt. 04.02.2026 jb. WPA 25688 of 2025 (Sarad Kumar Thakur & Anr. vs. State & Ors.) Mr. Sumanta Chakraborty Ms. Dhimoyee Kundu …. For the Petitioners Mr. Pritam Roy …. For the Respondent no. 8 None appears for the State despite service. Mr. Swapan Banerjee, learned counsel who is present in Court and usually appears for the State is requested to represent the State in this matter. His appointment be regularised by the appropriate authority. The petitioners are directed to serve copy of the application along with annexure thereto upon Mr. Banerjee in course of this day. Learned counsel for the petitioners submits that the 2nd respondent registered Rajarhat Police Station case no. 442 of 2024 dated 2nd November, 2024 against the petitioners wherein the petitioners have been released on interim bail by the learned Chief Judicial Magistrate, North 24 Parganas at Barasat. Learned counsel for the private respondent draws the attention of the Court to an order passed on 25th March, 2025 by the learned Sessions Judge, North 24 Parganas at Barasat in Criminal Misc. Case no. 78 of 2025 cancelling the interim bail of the petitioners. Learned counsel for the petitioners submits that the said order has been assailed before this Court and the order has been stayed. Unfortunately cancellation of the interim bail or the pendency of the revisional application before this Court have 2 not found place in the writ petition though such orders were passed prior to filing of the writ petition. Such conduct of the petitioners amounts to deliberate suppression of material facts. It is trite law a person seeking relief from a Court of law should approach the Court with clean hands. In the case in hand, the petitioners have not approached the Court with clean hands in deliberately suppressing material facts. The petitioners do not deserve any relief herein on such score. The writ petition is dismissed. There shall be no order as to costs. Since no affidavit has been invited, allegations contained in the writ petition shall be deemed not to have been admitted. Urgent certified website copy of the order, if applied for, be given to the parties on compliance of requisite formalities. (Suvra Ghosh, J.)