Calcutta High Court (Appellete Side)
Sri Sunder Lal Dugar @ S. L. Dugar vs Unknown on 28 June, 2017
Author: Joymalya Bagchi
Bench: Joymalya Bagchi
1
C.R.R. 2056 of 2017
254 28.06.2017In the matter of : Sri Sunder Lal Dugar @ S. L. Dugar SB Ct. No. 28 Mr. Pradip Ghosh Mr. Farook M. Rezack Mr. Sandipan Ganguly Mr. Indranil Roy Mr. Somopriyo Chowdhury Mr. Dipayan Choudhury Mr. S. Choudhury Ms. Srija Banerjee .... For the Petitioner It is submitted on behalf of the petitioner that initiation of subsequent prosecution after a lapse of twenty one years is an abuse of process of Court. It is further submitted that there was no reference with regard to the dropping of the earlier proceeding in the impugned prosecution and the institution of the impugned proceeding suffers for gross suppression of materials fact. It is also submitted that the order of penalty imposed upon the petitioner has been stayed by the Division Bench of this Court.
Let this matter appear under the heading 'Adjourned Motion' two weeks hence.
Copy of the petition be served upon the opposite party through registered post with acknowledgement due and file affidavit of service on the next date of hearing.
There shall be stay of proceeding in Case No. CS 23180 of 2017 pending before the learned Metropolitan Magistrate, 15th Court at Kolkata under Sections 9/9AA of Central Excise Act, 1944 for a period of six weeks or until further orders whichever is earlier. 2 Liberty to pray for extension, modification, variation and/or vacating the interim order upon notice to the other side.
(Joymalya Bagchi, J.)