Calcutta High Court (Appellete Side)
Ramesh Kumar Agarwal & Anr vs Central Bureau Of Investigation & Ors on 7 February, 2025
Author: Jay Sengupta
Bench: Jay Sengupta
51&52 07.02.2025
NB Ct. 17 WPA 6614 of 2020
CAN 5 of 2022
CAN 6 of 2022
Ramesh Kumar Agarwal & Anr.
Vs.
Central Bureau of Investigation & Ors.
With
CRR 490 of 2017
CRAN 16 of 2023
CRAN 17 of 2023
M/s. R. Piyarelall Import & Export Ltd. & Ors.
Vs.
The State of West Bengal & Anr.
Mr. Uday Gupta ld.Sr.Adv.,
Mr. Koushik Kundu.
...for the petitioners.
Mr. Krish Kalra
...for PEC Ltd in WPA 6614/2020.
Mr. Siddhartha Lahiri
...for the CBI in WPA 6614/2020.
Mr. Soumya Nag.
...for the PEC Ltd. in CRR 490/2017.
A compilation of relevant documents, as filed on behalf
of the petitioners, is taken on record.
Learned senior counsel representing the petitioners
submits as follows. The petitioners have already withdrawn the
Criminal Miscellaneous Application under Section 482 of the
Code of 1973 filed before the Delhi High Court so as to pursue
their remedies before this Court. Accordingly, an order was
passed by the Delhi High Court on 29.01.2025. This is a case
where the petitioners had approached this Court in respect of
a proceeding in Kolkata initiated by the respondent PEC Ltd.
and an order was passed not to take coercive measures. In respect of another FIR that the PEC Ltd. lodged in Delhi 2 without disclosing the factum of filing of an application under Section 156(3) of the Code earlier, a proceeding commenced. A charge sheet was submitted and cognizance was taken. In such circumstances, the Delhi High Court by its order dated 09.12.2024 exempted the petitioners from personal appearance before the learned Trial Court till the next date. The petitioners were permitted to appear through video conference. At present, a date has been fixed before the Trial Court at Delhi on 11th February, 2025.
Learned counsel appearing on behalf of the PEC Ltd. in the Criminal Revision prays for time to obtain instructions.
Learned counsel appearing on behalf of the PEC Ltd. in the writ petition challenges the maintainability of the writ petition claiming that all cause of action had arisen outside West Bengal.
List this matter for hearing under the heading 'For Orders' (Assigned) on 19th March, 2025 at 2pm.
In tune with the earlier order passed by the Delhi High Court, the petitioners would be exempted from personal appearance before the learned Trial Court till 24 th March, 2025. They shall, however, be at liberty to appear through video conference.
The CBI shall produce a copy of the case diary on the next date of hearing.
Urgent certified copy of this order may be given to the parties expeditiously, if applied for.
(Jay Sengupta, J.) 3