Calcutta High Court (Appellete Side)
(M/S. Zee Entertainment Enterprises ... vs State Of W.B. & Ors.) on 9 August, 2019
Author: Rajasekhar Mantha
Bench: Rajasekhar Mantha
1 52 09.08.2019
CRR 1922 of 2019 an Court No. 33 (M/s. Zee Entertainment Enterprises Ltd. & anr. vs. State of W.B. & ors.) Mr. Sandipan Ganguly, learned Senior Advocate Mr. L. Vishal Kumar Mr. Soumosree Chatterjee ... for the petitioner The revisionist is aggrieved by cognizance taken and the investigation ordered by the learned Chief Judicial Magistrate, Alipore, South 24 Parganas in Bhawanipore Police Station Case No. 151 dated 31.05.2019 under Section 385 read with Section 120B of the Indian Penal Code in connection with the proceedings of C.G.R. No. 1806/2019.
The sum and substance of the dispute is that the opposite party complainant filed a complaint before the Bhawanipore Police Station and thereafter made an application under Section 156(3) of the Code of Criminal Procedure before the learned Chief Judicial Magistrate, Alipore, South 24 Parganas.
It is alleged that the revisionist has issued a notice to him threatening disconnection of services to the petitioner for transmitting by an uncryptic method of certain Channels under the bouquet of the revisionist, particularly, channel, "Zee Bangla".
As a consequence of such uncryptic transmission, the same is accessible indiscriminately to the public at large and, consequently, resulting in a serious and heavy loss of revenue to the revisionist.
A petition under Section 14 & 14A of the TRAI Act, 1997 read with Telecommunication (Broadcasting & Cable) Services Interconnection (Addressable Systems) Regulations, 2017 is now pending before the Telecom Disputes Settlement & Appellate Tribunal, New Delhi dated 18.04.2019 has been instituted by the OP seeking a declaration that the notice of disconnection and demand of sums of 2 money by the revisionist as illegal, null and void and interim prayers have also been made for injunction. The said matter is pending for adjudication before the TDSAT.
The impugned proceeding lodged by the opposite party against the petitioners and its Officials located in Mumbai and Kolkata is, therefore, according to the petitioner, a counter blast and/or an attempt to pressurize to force the revisionist to withdraw the pending disconnection notice.
This court is of the view that since a competent tribunal is already seized of the main dispute, as regards the disconnection notice and the demand for outstanding dues, the case for extortion lodged by the petitioner and pending investigation may be for collateral purposes. The dispute even otherwise appears to be civil in nature.
In such circumstances, this court is of the prima facie view that the impugned proceedings and investigation may be in abuse of process of law.
Hence, there shall be a stay of further proceedings corresponding to Bhawanipore Police Station Case No. 151 dated 31.05.2019 under Section 385 read with Section 120B of the Indian Penal Code in connection with the proceedings of C.G.R. No. 1806/2019 now pending before the learned Chief Judicial Magistrate, Alipore, South 24 Parganas for a period of six weeks from date.
The revisionist shall serve notice on the State through the Office of the learned Public Prosecutor and the opposite parties concerned by Speed Post with acknowledgement due and shall file affidavit of service on the next date of hearing.
Let this matter appear as 'contested application' six weeks hence. Liberty is granted to the opposite party to seek modification and/or vacating of interim order upon due notice to the petitioner.
Urgent certified photostat copy of this order, if applied for, shall be given to the parties as expeditiously as possible on compliance of all necessary formalities.
(Rajasekhar Mantha, J.) 3