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2025 Supreme(Online)(Cal) 11694

CALCUTTA HIGH COURT
KOLLOL KUMAR GHOSH – Appellant
Versus
STATE OF WEST BENGAL AND ORS. – Respondent
RVW 101 / 2024



IN THE HIGH COURT AT CALCUTTA CONSTITUTIONAL WRIT JURISDICTION APPELLATE SIDE Present:

The Hon’ble Justice Jay Sengupta RVW 143 of 2023 With CAN 1 of 2023 Sri Koteswara Rao Vs.

The State of West Bengal & Ors.

With RVW 101 of 2024 Kallol Kumar Ghosh Vs.

The State of West Bengal & Ors.

With RVW 144 of 2023 With CAN 1 of 2023 Sujoy Kumar Das Vs.

The State of West Bengal & Ors.

With RVW 145 of 2023 With CAN 1 of 2023 Sri Sanjoy Kumar Chakraborty Vs.

The State of West Bengal & Ors.

With RVW 146 of 2023 With CAN 1 of 2023 Sri Bidhan Cha ndra Mondal Vs.

The State of West Bengal & Ors.

With RVW 147 of 2023 With CAN 1 of 2023 Sri Kousik Das Vs.

The State of West Bengal & Ors.

In WPA 27064 of 2022 With CAN 1 of 2023 Pintu Mondal Vs.

State of West Bengal & Ors.

For the applicant in RVW 143 of 2023 : Mr. Amitesh Banerjee, Sr. Adv.

Mr. Subhabrata Datta Mr. Debashis Sarkar.

....Advocates For the writ applicant in RVW 144 of 2023, 145 of 2023, 146 of 2023, 147 of 2023 : Mr. Subhabrata Datta Mr. Debashis Sarkar .....Advocates For the Applicant in RVW 101 of 2024 : Mr. Sabir Ahmed Mr. Abdur Rakib Mr. Shraman Sarkar Mr. Dhiman Banerjee .....Advocates For the writ petitioner : Mr. Ravi Prakash Mehrotra, Sr. Adv.

Mr. Nilanjan Bhattacharjee, Sr. Adv.

Mr. Abhilash Chatterjee Mr. Akash Adak .....Advocates For the CID in RVW 101 of 2024 : M r. Suddhadev Adak .....Advocate For the State : Mr. Sumon Ghosh Mr. Soumen Chatterjee .....Advocates Heard lastly on : 12.11.2025 Judgment on : 04.02.2026 Jay Sengupta, J:

1. These are review petitions filed by the applicants seeking review and recall of the order dated 12th June 2023 passed by Co-ordinate Bench in WPA No. 27064 of 2022. Earlier, the writ petitioner had filed the said writ petition being WPA No. 27064 of 2022 seeking inquiry and disciplinary action against the respondent‟s nos. 3 to 11 therein, who were police personnel, alleging false implication and custodial abuse of the writ petitioner. By an order dated 12th June, 2023 the Court directed the CID to conduct major disciplinary proceedings against the said respondents. Review applications were filed by some of the respondents. The same were released by the original Bench. One such review application was assigned to a Co-ordinate Bench and by an order dated 4th August, 2023, the same was dismissed apparently by a non-speaking order.

2. Learned senior counsel appearing on behalf of the applicant in RVW 143 of 2022 has submitted and has relied on the written notes as follows. The instant application has been filed for review of the order dated 12.01.2023 passed in WPA 27064 of 2022. Order 47 Rule 1 specifically permits the filing of the review on, inter aila, „for any other sufficient reason‟. It is pertinent to note that during pendency of the instant application, one of the respondents in the writ petition in whose absence the order was passed filed a review application which was dismissed by a non-speaking order dated 04.08.2023. It is also imperative to note that one of the respondents in the writ petition namely Kallol Kumar Ghosh preferred an appeal being M.A.T. No. 1178 of 2023 on the ground that the order dated 12.06.2023 passed in the writ petition being WPA No. 27064 of 2022 under appeal has been passed behind the back of the respondents without affording any reasonable opportunity to the appellant. The Hon‟ble Division Bench was of the view that appellant should file a review inspite of the fact that one review application got dismissed on merit by one Hon‟ble Single Bench and as such, liberty was given to file a review application. Therefore, the preliminary objection alleged to have been raised by the writ petitioner during oral argument as regards the maintainability of the review application is not sustainable. The instant review applications have been filed on the following grounds. i) The review applicants have been impleaded in the writ petition by name, however, no copy was served upon them nor has any document have been annexed to the writ petitio

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