Aniruddha Thakur vs The State Of West Bengal & Ors.

Pursuant to the order dated 10^th September 2026, the petitioner has produced the scanned copies of the receipt (both sides) of the order annexed at page 12, 13 and 14 of the writ petition. The same are taken on record.

Having heard the learned advocates appearing for the respective parties, I find that the petitioner has applied for obtaining certified copies on 20^th January 2026 and 21^st January 2026 against three several receipts.

From the office report which has been placed before this Court, it would transpire that in respect of serial no. X-198(Crl.) filed on 20^th January 2026, upon the petitioner upon making an application for obtaining a certified copy of the order dated 13^th January 2026 and the list of documents filed on behalf of the accused on 13^th January 2026 and Form –A in C/W SPL 02/18, Additional Sessions Judge, 2^nd Court Jalpaiguri, the application was sent to the record room or office concerned for estimate of folios. On the same date, the originals were called for and the originals were received on 18^th February 2026 and the copy was ready on 19^th February 2026.

Insofar as the application in respect of serial no. X-225 (Crl.), the same pertained to obtaining of certified copy of the order dated, 17^th September 2019 and 20^th January 2026 , FIR, C.S. and Seizure List in C/W SPL. 02/18, Additional Sessions Judge, 2^nd Court Jalpaiguri. The application was sent to the record room or office concerned for estimate of folios on the self same date and the originals were called for on the self same date. The originals were received for copying on 18^th February 2026 and the copy was ready on 20^th February 2026.

Insofar as the application in respect of serial no. X-224 (Crl.) is concerned, the same pertained to obtaining H.C. form no. (M) 54 submitted on 20^th January 2026 for Sl. No. X-198 (Crl). Dated 20^th January 2026 in C/W SPL. 02/18, Additional Sessions Judge, 2^nd Court Jalpaiguri. Incidentally, on the self same date, when the application was made, the same was sent for form the concerned office for estimate of folios. The petitioner chose not to put in the requisites and as such, copy was not made ready.

Notwithstanding the aforesaid, the petitioner has applied before this Court by making unfounded allegations, which are contrary to record. If the petitioner has chosen not to approach the c0ncerned department for obtaining certified copy or put in requisite stamp, the concerned department cannot be made responsible.

Be that as it may, it is strange to note that the petitioner had applied for obtaining a certified copy of the H.C. form no. (M) 54 submitted on 20^th January 2026, under Sl. No. X-198 (Crl). Dated 20^th January 2026 in C/W SPL. 02/18, Additional Sessions Judge, 2^nd Court Jalpaiguri on 21^st January 2020 which was in fact, an application for obtaining certified copy on 20^th January 2026. This Court is unable to appreciate the circumstances under which the application has been made for obtaining a certified copy of the application made for obtaining certified copy thereto on the subsequent date.

However, in this context, I must record that the rules regarding preparation and issue of copies have been dealt with under Rules 523, 524, 525, 526, 527A and 528 of the Civil Rules and Orders of Calcutta High Court (hereinafter referred to as the said Rules). To morefully appreciate the same, the relevant rules are extracted hereinbelow:-

Having regard to the provision contained in Rule 528 of the said Rules, I am of the view that if within 3 days of the notification in prescribed manner, the stamp and folios are not filed, the application shall be rejected and a note to that effect shall be made in Register no. (R)

In the instant case, there appears to be no such order of rejection.

In the peculiar facts, I direct the concerned Judge in charge to ensure strict compliance of Rules 524 to 528 of the said Rules.

In view thereof, nothing survives in the writ petition and the same is disposed of.

All parties shall act on the basis of server copy of this order duly downloaded from this Court’s official website.