Calcutta High Court (Appellete Side)
Sri Jigar Chinu Dalal vs The State Of W. B. & Anr on 20 December, 2019
Author: Tirthankar Ghosh
Bench: Tirthankar Ghosh
1 39 20.12.2019 g.b. Court No.34 CRR 1809 of 2019 Sri Jigar Chinu Dalal Vs. The State of W. B. & Anr.
Mr. Ayan Bhattacharya Mr. Varun Kedia Ms. U. Mitra ......For the Petitioner The petitioner has approached this court in respect of Uluberia Police Station Case No. 27 of 2010 presently pending before the learned Judicial Magistrate, 1st Court, Uluberia.
Learned advocate for the petitioner submits that examination under Section 251 of the Code of Criminal Procedure was over on the last date and date has been fixed in the month of June, 2020 for evidence. The records reflect that initially the Investigating Agency filed a closure report and subsequently an application under Section 173(8) was filed at the instance of the complainant. The police authorities filed charge sheet under Sections 448/ 323/ 506/120B of the Indian Penal Code.
In view of the allegations and the contentions being raised that the petitioner being the Vice President, Asset Reconstruction 2 Company (India) Limited who acquired the assets of the complainant company, I hold that the revisional application is required to be heard on merits.
Accordingly, the petitioner is directed to effect service upon the opposite party no.1 through the office of the learned Public Prosecutor, High Court, Calcutta and upon the opposite party no.1 by speed post with acknowledgement due within a week and file affidavit of service on the next date fixed for hearing.
Awaiting hearing of the revisional application all further proceedings pending before the learned Judicial Magistrate, 1st Court, Uluberia be stayed for a period of twelve weeks.
Let the matter appear under the heading "Contested Application" eight weeks after the winter vacation.
(Tirthankar Ghosh, J.)