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2025 Supreme(Online)(Cal) 597

CALCUTTA HIGH COURT
THE COURT ON IT'S OWN MOTION – Appellant
Versus
REGISTRAR GENERAL CALCATTA HIGH COURT & ORS – Respondent
WPA 9313 / 2019



IN THE HIGH COURT AT CALCUTTA APPELLATE SIDE PRESENT:

THE HON’BLE JUSTICE DEBANGSU BASAK THE HON’BLE JUSTICE ARINDAM MUKHERJEE WPA 9313 OF 2019 With IA No. CAN 5 of 2019 (Old No. : CAN 9951 of 2019), CAN 6 of 2019 (Old NO. : CAN 9952 of 2019), CAN 7 of 2019 (Old No.: CAN 12425 of 2019), CAN 8 of 2020 (Old No.: CAN 511 of

2020), CAN 9 of 2022 THE COURT ON ITS OWN MOTION VERSUS REGISTRAR GENERAL, CALCUTTA HIGH COURT & ORS.

Appearance :

For the for the Howrah Bar Mr. Jayanta Kumar Mitra, Ld. Sr. Advocate Association : Mr. SaptangsuBasu, Ld. Sr. Advocate Mr. Subhasis Chakraborty, Advocate Mr. ArindamGanguli, Advocate Ms. SushmitaKumari Singh, Advocate For the for the State : Mr. Kishore Dutta, Ld. Advocate General Mr. T.M. Siddiqui, Ld. AGP Mr. Suddhadev Adak, Advocate For the High Court Mr. JaydipKar, Ld. Sr. Advocate Administration : Mr. Siddhartha Bannerjee, Advocate For the respondent Mr. Siddharth Agarwal, Ld. Sr. Advocate nos.9,12,16 to 20 : Mr. Rana Mukherjee, Advocate Mr. L. Vishal Kumar, Advocate Mr. Tanoy Chakraborty, Advocate Mr. Musharof Hossain, Advocate For Tanushree Das : Ms. Karabi Ray, Advocate For the Howrah Municipal Mr. Sandipan Banerjee, Advocate Corporation :

For the Union of India : Mr. S. Roy Chowdhury, Advocate Last Heard on : 21st FEBRUARY, 2025.

Judgment on : 2nd MAY, 2025.

Arindam Mukherjee, J.

Before considering the prayer of the applicants in CAN 9 of 2022, the facts of the case in brief are narrated hereinbelow for convenience.

FACTS OF THE CASE:

In terms of the direction given by the Hon’ble the Chief Justice, after perusing the report of the Commissioner of Police, Howrah forwarded by the Chief Secretary of the Government of West Bengal with its comments therein and the separate reports filed by the District Judge, Howrah and the Chief Judicial Magistrate, Howrah directed the file relating to the matters in connection with certain untoward incidents which have taken place in and around the Howrah Sardar Court in the Judicial side.

1. The applications being CAN 5 of 2019 (old no. CAN 9951 of 2019), CAN 6 of 2019 (old no. CAN 9952 of 2019), CAN 7 of 2019 (old no. CAN 12425 of 2019), CAN 8 of 2020 (old no. CAN 511 of 2020) and CAN 9 of 2022 along with the main writ petition being WPA 9313 of 2019 are taken up for consideration.

2. CAN 5 of 2019 (old no. CAN 9951 of 2019) is an application filed by 17 applicants who wanted themselves to be added as party respondents in the writ petition being WPA 9313 of 2019. This application was filed on 26th September, 2019. The applicants are the permanent and temporary staff of Howrah Municipal Corporation (in short ‘HMC’).

3. CAN 6 of 2019 (old no. CAN 9952 of 2019 ) is an application filed by 17 applicants who are permanent and temporary staff of ‘HMC’, inter alia, for stay of all proceedings arising out of the First Information Report and complainant cases relating to the incident dated 24th April, 2019.

4. CAN 7 of 2019 (old no. CAN 12425 of 2019 ) is an application filed by Dr.

V.S.R. Anjaneyulu one of the accused police officer in connection with the incident occurred on 24th April, 2019 in an round the premises of Howrah District Sadar Court complex. By the said application the applicant who was the Deputy Commissioner South Zone-II, Howrah Police Commissionarate at the time of the incident dated 24th April, 2019 prayed for stay of all further proceedings in complaint case filed against the applicant and other police officials before the learned Chief Judicial Magistrate, Howrah in connection with the incident dated 24th April, 2019. This application was filed on 18th December, 2019.

5. CAN 8 of 2020 (old no. 511 of 2020) is an application filed by the accused police officials who were respectively added as respondent nos. 9, 16, 17, 18, 12, 19 and 20 in the writ petition. By this application, the applicants prayed for soft copies inpendrives containing video, audio and pictorial content and hard copies of printed photocopies as referred to in the report of the One-Man En

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