Calcutta High Court Guides

Calcutta High Court: writs, appeals and criminal petitions

The Calcutta High Court has two distinct sides, and the side on which a matter is filed determines the procedure, the listing, and often the outcome. The Original Side hears suits and company matters of higher value; the Appellate Side hears writ petitions, appeals, revisions and criminal petitions.

Matters filed

• Writ petitions under Article 226 of the Constitution against state authorities, police inaction, municipal and land-record decisions, and administrative orders
• Anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023
• Quashing petitions under Section 528 BNSS (earlier Section 482 CrPC)
• Criminal appeals and revisions against orders of the sessions and magistrate courts
• Civil appeals and revisions, and petitions arising out of arbitration

How a matter is prepared

Every filing before the High Court is a paper exercise before it is an oral one. A writ petition needs the impugned order, the representation made to the authority, proof of its receipt, the delay explanation where the order is old, and a concise statement of the legal ground. A quashing petition needs the FIR, the charge sheet where filed, and a demonstration that the allegations, taken at their highest, do not make out the offence.

Filing is done through the court's e-filing system, followed by scrutiny, removal of defects, and listing. Urgent matters are mentioned before the appropriate bench for early listing, and the application for interim relief is usually argued on the first effective hearing.

What to bring to the first consultation

• Certified copy of the order being challenged
• All representations made to the authority, with proof of service
• The lower court record or case diary reference, for criminal matters
• Any earlier High Court or Supreme Court order in the same matter

Timelines

Listings vary with the bench and the nature of the matter. Admission-stage hearings are usually quicker than final hearings, and disposed matters can be restored or reviewed within the periods laid down in the rules. A realistic estimate of the stages and the likely number of hearings is given after the papers are seen, not before.

Frequently asked questions

What is the difference between the Original and Appellate Side?

The Original Side hears suits and company matters of higher value; the Appellate Side hears writs, appeals and criminal petitions.

Can a writ petition be filed against a private party?

Generally no, unless the private body performs a public function or is amenable to writ jurisdiction. That question is examined before filing.

How long does a writ petition take?

Admission and interim relief are usually heard early; final disposal varies with the bench and the respondents.

Do I have to come to Kolkata?

For filing and most hearings, appearance is handled by the office. Clients outside Kolkata consult by phone or video and attend only where the court requires them.