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Calcutta High Court (Appellete Side)

Gopal Sharma & Anr vs Swapan Kumar Guha & Anr on 29 August, 2019

Author: Tirthankar Ghosh

Bench: Tirthankar Ghosh

                                                1

29.08.2019

Sl No.77 Court No.34 AP CRR 2788 of 2004 Gopal Sharma & Anr.

-Vs.-

Swapan Kumar Guha & Anr.

None appears for the petitioners when the matter is called on. No accommodation is sought for.

The revisional application has been preferred for quashing the proceedings of Case No.1508C of 2001 pending before the Court of the Learned Chief Judicial Magistrate, Howrah under Section 9(2) of the Payment of Gratuity Act, 1972.

I find from the records of the case that the petitioners being implicated as accused not taking effective steps for considerable period of time. The learned Magistrate was pleased to issue warrant of arrest against them. As the legislation in respect of which offences have been lodged have social ramification, I am not inclined to interfere with the proceedings pending before the Court below or the warrant of arrest issued by the learned Magistrate.

Accordingly, CRR 2788 of 2004 is dismissed. Interim order earlier granted by this Court is hereby vacated as the revisional application has been dismissed.

Department is directed to communicate this order to the Court below.

(Tirthankar Ghosh, J.)