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2024 Supreme(Cal) 467
IN THE HIGH COURT AT CALCUTTA
DEBANGSU BASAK, MD. SHABBAR RASHIDI, JJ.
Baishakhi Bhattacharyya (Chatterjee) & Ors. – Petitioners
Versus
State of West Bengal & Ors. – Respondents
WPA 30649 of 2016
Decided On : 07-03-2024
For the Petitioners: Mr. Bikash Ranjan Bhattacharyya, Ld. Sr. Adv., Mr. Sudipto Das Gupta, Mr. Bikram Banerjee, Mr. Arkadeb Biswas, Mr. Arka Nandy, Mr. Saikat Sutradhar, Mr. Sandip Sutradhar, Mr. Suthirtha Nayek, Ms. Sinjini Chakraborty.
The court's exercise of hearing the Government Pleader will not impede the jurisdictional Court in proceeding with the criminal case in accordance with law.
Headnote:
Court Jurisdiction - Criminal Case - The court clarified its exercise of hearing the Government Pleader on the aspect of sanction for prosecution of State officials will not impede the jurisdictional Court in proceeding with the criminal case in accordance with law.
Fact of the Case:
The criminal case before the jurisdictional Court is fixed on March 12, 2024. Mr. Kalyan Bandyopadhyay, learned senior advocate concludes his submissions. On his conclusion, Dr. Sutanu Patra, learned counsel appearing for the School Service Commission (SSC) resumes his submissions. List these matters on March 8, 2024.
Finding of the Court:
The court clarified that its exercise of hearing the Government Pleader on the aspect of sanction for prosecution of State officials will not impede the jurisdictional Court in proceeding with the criminal case in accordance with law.
Issues: Sanction for prosecution of State officials
Ratio Decidendi: The court's exercise of hearing the Government Pleader will not impede the jurisdictional Court in proceeding with the criminal case in accordance with law.
Final Decision: List these matters on March 8, 2024.
JUDGMENT :
The Court is informed that, the criminal case before the jurisdictional Court is fixed on March 12, 2024. We will hear the learned Government Pleader on the aspect of sanction for prosecution of these State officials on March 13, 2024. We clarify that, this exercise of ours will not impeded the jurisdictional Court in proceeding with the criminal case in accordance with law.
2. Mr. Kalyan Bandyopadhyay, learned senior advocate concludes his submissions. On his conclusion, Dr. Sutanu Patra, learned counsel appearing for the School Service Commission (SSC) resumes his submissions.
3. List these matters on March 8, 2024.
