Calcutta High Court (Appellete Side)
Dinesh Kumar Goyal vs The State Of West Bengal & Anr on 10 March, 2016
Author: Joymalya Bagchi
Bench: Joymalya Bagchi
37 10.03.2016
SB Ct. No. 28
C.R.A.N. 3123 of 2015
IN
C.R.R. 2697 of 2015
Dinesh Kumar Goyal
Vs.
The State of West Bengal & Anr.
Mr. R.N. Dutt
Mr. Narayan Das,
Ms. Sutapa Roychowdhury
Mr. Nirmalya Dasgupta
..... For the Petitioner
Mr. Jayanta Nath Saha
..... For the Complainant
Mr. Imran Ali
... For the State
It is submitted on behalf of the
petitioner that the probate was obtained in the
instant case in 2012. The opposite party no. 2 was
duly aware of the said proceeding and had filed an
affidavit therein. Subsequent thereto criminal
proceeding has been initiated which is clearly an
abuse of the process of law.
Affidavit-in-opposition be filed
within four weeks from date; reply thereto, if any,
be filed within two weeks thereafter.
Let the matter appear as 'Contested
Application' six weeks hence.
There shall be stay of proceeding in
connection with F.I.R. being No. 210 dated December
03 of 2013 under Section
420/453/465/468/471/380/506/120B of the Indian Penal Code (G.R. Case No. 1055 of 2013) for a period of eight weeks or until further orders whichever is earlier.
Copy of the petition be served upon to the opposite party no. 1 through learned public prosecutor, High Court, Calcutta and also be served upon opposite party no. 2 through registered post with acknowledgement due and file affidavit of service on the next date of hearing.
Liberty to pray for extension, modification, variation and/or vacating the interim order upon notice to the other side.
(Joymalya Bagchi, J.)