03 NB 08.10.2026 Ct. No. 28 CRA (SB) 35 of 2026 (via Video Conference) In the matter of:- Supratik Bhattacharjee …appellant Ms. Jayashree Patra. …for the appellant. Mr. Krishnendu Bhattacharya ld.APP., Ms. Priti Kar Bagchi. …for the State. Mr. Soham De Dhara, Mr. Ratikanta Pal, Mr. Sattwik Dutta. …for the OP No.2. Learned Additional Public Prosecutor representing the State reiterates his stand that the appeal is not maintainable through a representative of the victim/company. The present appeal under Section 413 of the BNSS was filed by the present Station Manager of Arambagh Customer Care Centre, West Bengal State Electricity Distribution Company Limited. He was not even the de facto complainant in the instant case far less the victim. In any event, it would be doubtful whether the individual in question representing the victim would be in a position to file such an application under Section 413 of the BNSS instead of the victim itself. At this stage, learned counsel appearing on behalf of the appellant prays for leave to withdraw the appeal as there were incurable defects in the same, with liberty to file a fresh one through the Company itself who happens to be the victim in this case. She also prays for direction to return back the certified copy of the order attached. In view of the above, the application is disposed of as withdrawn. However, liberty is granted to the West Bengal State Electricity Distribution 2 Company to file a fresh appeal in terms of Section 413 of the BNSS, if the same is otherwise found maintainable. The Office is directed to return the certified copy of the impugned order to the learned advocate on record of the appellant upon usual undertakings and upon supply a copy of the said order for the record. Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for. (Jay Sengupta, J.)