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2022 Supreme(Cal) 947

ARIJIT BANERJEE, KAUSIK CHANDA
Sanjay Kumar – Appellant
Versus
Union Of India – Respondent


Advocates appeared:
Kishore Dutta, Advocate, Srijib Chakraborty, Advocate, Pankaj Agarwal, Advocate, Jibantaraj Dan Roy, Advocate, Paramita Maity, Advocate, Rudra Jyoti Bhattacharyya, Advocate, Debjani Ghosal, Advocate

JUDGMENT

arijit Banerjee, J. - The writ petitioner has preferred this appeal against an interim order dated February 11, 2022, passed in W.P.a. 2310 of 2022, whereby the writ petitioner's prayer for an interim order of stay of the trial proposed to be held by the General Security Force Court (GSFC), was rejected. The Learned Single Judge granted limited protection to the writ petitioner to the effect that the result of the trial by GSFC as against the writ petitioner shall abide by the result of the writ petition. Direction was given for exchange of affidavits.

2. The incident that prompted the respondent authorities to initiate proceedings against the writ petitioner is that during the intervening night of 11th /12th april, 2019, cattle was sought to be smuggled from India to Bangladesh. Members of the Border Security Force (BSF) intervened. as a result, the smuggling activities were thwarted. However, allegedly there was stone pelting by the smugglers directed towards the members of the BSF who suffered injury. an FIR was lodged by a member of the BSF against unknown persons. a criminal case was initiated against unknown persons. after investigation, the police filed an FRT. On the

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