Calcutta High Court (Appellete Side)
An Application Under With Section 407 vs Unknown on 6 February, 2020
Author: Tirthankar Ghosh
Bench: Tirthankar Ghosh
1 AD 36 06-02-2020
s. d.
ct, no.34 CRR 400 of 2020
In Re : Smt. Mita Ghoshal
.....petitioner.
In the matter of : An application under with Section 407 read with Section 401 & 482 of the Code of Criminal Procedure.
Mr. R. N. Kali Ms. Mitul Chakraborty ..... for the Petitioner.
Mr. S.G. Mukherji, ld. P. P. Mr. Arijit Ganguly .....for the State.
This revisional application has been preferred against the charge-sheet preferred in connection with Tamluk P. S. Case No. 377 of 2012 dated 12.08.2012 under Sections 409/120B of the Indian Penal Code.
`The learned advocate appearing for the petitioner submits that the petitioner is in no way related and is unaware of the incident of any transfer of funds to her account as has been alleged in the letter of complaint by the 2 Chief Manager of State Bank of India, Tamluk Branch and also opined by the investigating officer while submitting the charge-sheet.
I have perused the revisional application along with the annexures and I do not find that the documents on which the prosecution proposes to rely under Section 207 of the Code of Criminal Procedure have been enclosed with the revisional application.
The learned lawyer for the petitioner is also unable to say whether till date the petitioner has received the copies under section 207 of Cr. P. C. From the order-sheeet so enclosed along with the revisional application it is reflected that warrant, proclamation and attachment are pending against the present petitioner.
The ordersheet dated 17.06.2019 so passed by the learned Chief Judicial Magistrate, Purba Medinipur, Tamluk reflects that there is no subjective satisfaction recorded prior to issuance of the proclamation and attachment. Further, proclamation and attachment cannot be passed in the same order.
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Consequently, the order of proclamation and attachment so issued on 17.06.2019 and reiterated on 06.12.2019 is stayed for a period of one month from date.
The learned Chief Judicial Magistrate, Purba Medinipur, Tamluk would call for a report from the concerned police officer responsible for execution of warrant of arrest within a fortnight from the date of receipt of a copy of this order and thereafter record reasons for proceeding under Section 82 of the Code of Criminal Procedure.
If the court after one month decides to issue proclamation on receipt of the report, the same may be done on or after 11th March, 2020. In the meantime, the proclamation and attachment would remain stayed.
With the aforesaid observations, the revisional application being CRR 400 of 2020 is disposed of.
Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance of all formalities.
( Tirthankar Ghosh, J. )