Kunal Tamang vs State of West Bengal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Cal) 644

CALCUTTA HIGH COURT (IN THE CIRCUIT BENCH AT JALPAIGURI)
DINESH KUMAR SHARMA
Kunal Tamang – Appellant
Versus
State of West Bengal – Respondent

Advocates Appeared:
For the Appellants : Mr. Rajdeep Majumder, Sr. Adv., (via VC) Mr. Regean Lama, Mr. Debabrata Rai, Mr. Sanjeev Kr. Gupta, Ms. Nevidita Lama, Mr. Pritam Roy, Ms. Nancy Gurung
For the Respondents: Mr. Aditi Shankar Chakraborty, Ld. APP., Mr. Arjun Chowdhury

JUDGMENT :

DINESH KUMAR SHARMA, J.

1. Present petition has been filed challenging the order dated 1^st September, 218 and 4^th September, 2018 in Sadar Police Station Case no. 213 of 2017 dated 13^th October, 2017 under Sections 3 5 3 / 120B / 307 / 302 of the IPC read with Sections 25 / 25(1)(A) / 27 / 35 of the ARMS ACT and 3/4 of Explosive Substance Act. Vide the impugned order learned Chief Judicial Magistrate, Darjeeling, issued the proclamation under Section 82 Cr.P.C. against the petitioners.

2. Learned Senior Counsel for the petitioners submits that the impugned orders are liable to be set aside as the same are clearly in violation of Section 82 of the CRIMINAL PROCEDURE CODE , 1973. Learned Senior Counsel further submits that there is nothing on record to suggest that the learned Chief Judicial Magistrate had applied his mind before issuing the warrant of proclamation under Section 82 of the Cr.P.C.

3. Learned counsel for the State has vehemently opposed the petition. Learned counsel submits that the present case is of 2017 and the impugned orders were passed on 1^st September, 2018 and 4^th September, 2018. Learned counsel for the State further submits that the Investigating Off