Calcutta High Court (Appellete Side)
M/S. Todays Vidyarthi Shera Bazar And ... vs The State Of West Bengal & Anr on 4 August, 2022
Author: Bibek Chaudhuri
Bench: Bibek Chaudhuri
04.08.2022 Item No.169ML Suman Ct.42 CRR 2648 of 2022 M/S. Todays Vidyarthi Shera Bazar and Ors.
Vs. The State of West Bengal & Anr.
Mr. Moyukh Mukherjee Mr. Kaustav Lal Mukherjee ...for the petitioners It is not only a dictum of the statute but also a rule of prudence that coercive measures to compel attendance of an accused should be taken by the Court of the learned Magistrates very sparingly, lest there is every apprehension that basic fundamental right of an accused may be infringed.
The petitioners have alleged that there is an ongoing commercial transaction between the petitioners and the de facto complainant/private opposite party regarding distribution and sale of writing pens. A commercial dispute between the parties has allegedly been converted into a penal offence under Sections 420/406 of the Indian Penal Code and a complaint case No.265 of 2021 was registered by the de facto complainant before the learned Judicial Magistrate, 5 th 2 Court at Alipore. During pendency of the said case a purported warrant to enforce the payment, attachment and the attendance of the accused was issued against the petitioners, though the petitioner No.2 being the proprietor of petitioner No.1 entered appearance in the said case and obtained an order of bail. An application under Section 205 of the Code of Criminal Procedure is pending praying for dispensation of personal attendance of the petitioner No.3.
In view of such circumstances, purported warrant of attachment etc. cannot be issued. Moreover, it appears from the order dated 24th June, 2022 passed by the learned Magistrate that no such order was passed by her in Complaint Case No.265 of 2021.
The instant revision is admitted for hearing. The petitioner is directed to serve notice upon the private opposite party under registered speed post with A/D and shall file affidavit of service within three weeks from the date. The petitioner shall also serve the State of West Bengal through the learned Public Prosecutor, High Court, Calcutta.
Operation of warrant to enforce the payment, attachment and the attendance of the accused be stayed for a period of six weeks.
(Bibek Chaudhuri, J.) 3