Calcutta High Court (Appellete Side)
CRR-2976-2016 on 3 April, 2017
Author: Joymalya Bagchi
Bench: Joymalya Bagchi
1 03.04.17
Sl. No.350 akd C. R. R. 2976 of 2016 In Re : Neeraj Maheshwari ... Petitioner Mr. Debasis Roy, Mr. Sandipan Ganguly, Mr. Sabyasachi Sen ... ... for the petitioner Leave is granted to the learned advocate-on-record for the petitioner to incorporate the address of the opposite party no.2 in the cause title of the petition.
It is submitted on behalf of the petitioner that one of the firms of the opposite party no.2 herein had instituted two criminal cases against the petitioner with regard to a dispute arising out of supply of glass beads by them which allegedly had remained unpaid. The said criminal cases being Hare Street Police Station Case No. 98 dated 26th January, 2012 and Hare Street Police Station Case No. 148 dated 12th February, 2012 respectively were stayed by this Court in C.R.R. 3749 of 2014 and C.R.R. 2293 of 2014 respectively. Subsequently, impugned criminal proceeding has been initiated against the petitioner alleging false and frivolous allegations. Ingredients of the alleged offences are not disclosed.
Let this matter appear under the heading 'Contested Application' four weeks hence.
Let a copy of this petition be served upon the opposite party no.1 through the learned Public Prosecutor, High Court, Calcutta and to the opposite party no.2 by 2 Registered Post with acknowledgement due and file affidavit-of-service on the next date of hearing.
There shall be stay of further proceeding in G.R. Case No. 552 of 2015 pending before the learned Chief Judicial Magistrate, Howrah arising out of Golabari Police Station Case No. 72 dated 21st January, 2015 under Sections 467/468/471/420/34 of the Indian Penal Code for a period of six weeks from date or until further orders, whichever is earlier.
Liberty is given to the parties to apply for extension and/or modification and/or variation of this order upon notice to the other side.
Photostat certified copy of this order, if applied for, be given to the petitioner on usual undertaking.
(Joymalya Bagchi, J.)