Calcutta High Court (Appellete Side)
Sankha Ghosh vs Unknown on 7 January, 2020
Author: Tirthankar Ghosh
Bench: Tirthankar Ghosh
1 36 07-01-2020
s. d.
ct, no.34 CRR No. 398 of 2019
In the matter of : Sankha Ghosh
..... Petitioner.
In re : An application under Section 401 read with Section 482 of the Criminal Procedure, 1973.
Mr. Sandipan Ganguly, Sr. advocate.
Mr. Nilendra Narayan Roy ..... for the Petitioner.
Supplementary affidavit and affidavit of service filed at the instance of the petitioner be kept with the record.
This revisional application has been preferred in respect of the proceedings initiated and pending before the Learned A. C. J. M., Uluberia, Howrah in connection with Uluberia P. S. Case No. 06 of 2019 dated 04.01.2019 under Sections 188/506/34 of the Indian Penal Code.
Mr. Sandipan Ganguly, learned senior advocate appearing for the petitioner submits that the provisions of Section 188 of the Indian Penal Code which has been invoked 2 by the police authorities without resorting to appropriate provisions of Code of Criminal Procedure is a non-cognizable offence.
In view of the contentions raised by the learned advocate appearing for the petitioner, this revisional application is required to be heard at length.
Accordingly, the petitioner is directed to effect service upon the opposite party no. 1 through the Office of the learned Public Prosecutor, High Court, Calcutta and upon the opposite party no. 2 by speed post with acknowledgement due and file affidavit of service on the next date fixed for hearing.
Awaiting hearing of the revisional application, all further proceedings relating to and arising out of Uluberia P. S. Case No. 06 of 2019 dated 04.01.2019 under Sections 188/506/34 I.P.C pending before the Learned Additional Chief Judicial Magistrate, Uluberia, Howrah be stayed for a period of twelve weeks from date.
Let the matter appear in the list under the heading "Contested Application" ten weeks from date.
Urgent Photostat certified copy of this order, if applied for, be given to the parties upon compliance of all formalities.
3( Tirthankar Ghosh, J. )