Calcutta High Court (Appellete Side)
An Application Under Sections 397/401 ... vs In Re: Kishorilal Agarwal - on 18 November, 2011
Author: Raghunath Bhattacharya
Bench: Raghunath Bhattacharya
1 18.11 2011 C.R.R. 3350 OF 2011 54 r.p. In the matter of: An Application under Sections 397/401 read with Section 482 of the Code of Criminal Procedure;
AND
In Re: Kishorilal Agarwal - Petitioner
Shri Ayan Bhattacharjee
Shri Anjan Dutta ...For the Petitioner.
Head the learned lawyer for the Petitioner. This is a case under Sections 468/34, 471/34, 409/34 of the Indian Penal Code and investigation has already been completed and charge sheet was submitted and copy was served and Charge was also framed.
Learned Counsel for the Petitioner has vehemently argued on framing of Charge and according to him there is a miscarriage of justice so far as the framing of Charge.
On perusal of the order dated 09.8.2011 it appears that Charge was framed and date was fixed for evidence. It appears to me that learned Counsel for the petitioner challenging the order of framing of charge prayed an opportunity should be given to him for agitating his grievances before the appropriate forum.
Let the order dated 09.8.2011 be stayed for a period of four weeks. Petitioner is hereby directed to issue notice upon the State of West Bengal as well as the Opposite Party no.2 in the meantime.
Urgent xerox certified copy of this order, if applied for, be given to the petitioners.
(Raghunath Bhattacharya,J.)