Samaresh Das vs Union Of India & Ors on 31 July, 2025

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1. Mr. Soumya Majumer, learned senior counsel appears

for the appellant.

2. Mr. Sanajit Kumar Ghosh, learned counsel appears for

the respondent/Union of India.

3. This intra-court appeal takes exception to an order

dated September 19, 2023 passed in WPA 20338 of

2023, whereby learned Single Judge has declined to

stay the charge-sheet/Dept. enquiry.

4. Briefly stated, the singular point raised by Mr.

Majumder, learned counsel for the appellant is based

on the language employed in the charge-sheet dated

July 9, 2023. By reading the charge-sheet, it was

canvassed that the charge is framed in such a manner

which shows that it is issued with a closed mind by

the competent authority. The averments of the charge-

sheet show that a conclusion about the guilt of the

appellant has already been drawn and the averments

are not in the shape of “allegations”. Thus, such a

charge-sheet is bad in law and runs contrary to the

judgment of Calcutta High Court reported in AIR 1956

Cal 662 (A.R.S. Choudhury vs. The Union of India

& Ors).



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