Calcutta High Court (Appellete Side)
An Application Under Sections 397/401 ... vs Smt. Ranu Mita Roy on 3 April, 2017
Author: Joymalya Bagchi
Bench: Joymalya Bagchi
1 Sl. April 3, C.R.R. 1082 of 2017
415. 2017 In the matter of: An application under Sections 397/401 read with Section 482 of the Code of Criminal Procedure;
And In the matter of : Smt. Ranu Mita Roy Versus State of West Bengal & anr.
Mr. Yezdezard Dastoor, Mr. Prabir Majumder, ...for the petitioner.
It is submitted on behalf of the petitioner that there is no whisper of any allegation against the petitioner either in the petition of complaint or in the initial deposition. It is further submitted that the learned Magistrate illegally issued process against the petitioner.
Under such circumstances, let this revisional application appear under the heading "contested application" four weeks hence.
Mr. Ayan Basu, learned advocate, who ordinarily appears on behalf of the State, is present in court and is requested to appear in this matter.
Let copies of this revisional application be served on the State/opposite party through the learned Public Prosecutor, High Court, Calcutta and on the opposite party no. 2 through registered speed post with acknowledgment due and to file an affidavit of service at the next hearing.
There shall be stay of all further proceeding in Complaint Case No. 35 C of 2017 under Sections 323/506/342/34 of the Indian Penal Code pending before the learned Judicial Magistrate, Fifth Court at Krishnagar, Nadia, in so far as the petitioner is concerned for a period of six weeks from date or until further orders, whichever is earlier. However, the proceeding against the other 2 accused persons shall continue in accordance with law.
The petitioner is at liberty to pray for extension of this order on the selfsame application upon notice to the opposite parties. The opposite parties are also at liberty to apply for variation, vacation and/or modification of this order upon notice to the petitioner.
dns The petitioner is at liberty to communicate the gist of the order to the trial court, which shall act on the basis of such communication.
( Joymalya Bagchi, J. )