Calcutta High Court (Appellete Side)
Sambhu Nath Kulti vs The State Of West Bengal on 27 March, 2019
Author: Asha Arora
Bench: Asha Arora
27.03.19 Sl.no. 311(Ml) Ct. No. 30 P.M. C. R. R. 2238 OF 2018 Sambhu Nath Kulti
- vs -
The State of West Bengal.
Mr. Sourav Chatterjee, Mr. Soumyajit Das Mahapatra ... for the petitioner.
By the present application the petitioner has assailed the order dated 10.07.2018 passed by the learned Judicial Magistrate, Ghatal, Purba Medinipur in G.R. No. 389 of 2011 arising out of Daspur P.S. Case No. 96 of 2011 dated 08.09.2011 under section 420/465/468/471 of the Indian Penal Code whereby a petition under Section 311A of the Code of Criminal Procedure filed on behalf of the prosecution was allowed.
Learned counsel for the petitioner submits that the application under Section 311A Cr.P.C. has been filed after a long lapse of six years to fill up the lacuna of the prosecution case. According to the learned counsel, the petitioner has been seriously prejudiced by the aforesaid order.
Petitioners is directed to serve notice upon the opposite party No. 1/State through the learned P.P., High Court Calcutta and file affidavit of service on the next date of hearing.
In the meanwhile, the operation of the impugned order shall remain stayed till the second week of May, 2019 or until further order whichever is earlier.
Let the matter appear under the heading "Contested Application" in the first week of May, 2019.
( Asha Arora, J.)