Calcutta High Court (Appellete Side)
Suranjan Kumar Chatterjee & Ors vs The State Of West Bengal & Anr on 12 April, 2017
1 12/04/2017
ARDR CRR 3043 of 2013 Suranjan Chatterjee @ Suranjan Kumar Chatterjee & Ors.
Vs. The State of West Bengal & anr.
Mr. Tirthankar Ghosh, Mr. Kaushik Kundu, Mr. Sankhadeep Ghosh, Mr. Satadru Lahiri, Ms. Mrinalini Majumder ...for the petitioner.
Mr. Rajarshi Basu, ...for the O. P. no.2.
It is not disputed that the accused persons reside at Mayfair Tower, Sivajinagar, Pune and also resides at another address at 708, Central Plaza, Sarat Bose Road, Calcutta. Admittedly, these accused persons are not residing within the jurisdiction of the learned ACJM, Durgapur. In view of amendment of Section 202 (1) Cr. P.C. so far as Section 202 (1) is concerned, learned Magistrate shall make an enquiry before issuing process, if accused person resides outside his jurisdiction. That mandatory part of that Section has not been complied with by the learned Magistrate.
Therefore, the impugned order, on which the learned Magistrate has issued the process against the present petitioners stands quashed. But at the same time, I give liberty to the learned ACJM, Durgapur, to conduct an enquiry with the help of Calcutta Police Commissioner as 2 well as Director General of Police, Maharastra and in so doing he shall send a copy of this order to them for their appraisal.
With this direction, the impugned order stands modified. The department is directed to send a copy of this order to the learned Court below at once for information and necessary action.
Urgent photostat certified copy of this order, if applied for, be given to the parties.
(Siddhartha Chattopadhyay, J.)