Calcutta High Court (Appellete Side)
(Chhabi Neogi & Anr vs State Of W.B. & Anr.) on 19 September, 2019
Author: Rajasekhar Mantha
Bench: Rajasekhar Mantha
1
117 19.09.2019 CRR 2701 of 2019
an Court No. 33
(Chhabi Neogi & anr. vs. State of W.B. & anr.)
Mr. Tapas Kr. Ghosh
Mr. Tanmoy Chowdhury
... for the petitioner
It is submitted that the proceedings under Section 106 of the Code of
Criminal Procedure were initiated by the learned Executive Magistrate on
24.08.2015 on a petition filed by the private respondents under Section 107 read
with Section 116(3) of the Code of Criminal Procedure.
Admittedly, the Police report was received by the learned Executive Magistrate on 17.06.2019 well over six months after the statutory period conceived of under Section 116(6) of the Code of Criminal Procedure.
The impugned proceedings ought to have been terminated on the expiry of six months or reasons ought to have been recorded by the learned Magistrate for continuation of the proceedings beyond six months.
For the reasons stated hereinabove, there shall be a stay of all further proceedings in connection with M.C. case No. 49/2018 dated 24.08.2018 now pending before the learned Special Executive Magistrate, Chandannagore, Hooghly for a period of four weeks after the long Puja Vacation.
Let this matter appear as 'Contested Application' two weeks after reopening of the long Puja Vacation.
The revisionist shall serve notice on the State through the Office of the learned Public Prosecutor and the opposite parties concerned by Speed Post with acknowledgement due and shall file affidavit of service on the next date of hearing.
Urgent certified photostat copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities.
(Rajasekhar Mantha, J.) 2