108 01.07.2021
Ct.35 AKG/AGM CRR 1382 of 2021 (Through Video Conference) In Re: - An application under Section 397/401 read with Section 482 of the Code of Criminal Procedure, 1973 And In the matter of: Rajendra Prasad Jaiswal & Anr.
.... Petitioners Mr. Uday Sankar Chattopadhyay ... For the Petitioners By the judgment and order dated April 20, 2021, impugned in this revisional application, passed in Criminal Appeal No. 33 of 2020, the learned Chief Judge, City Sessions Court upheld the sentence imposed upon the petitioners by the learned Magistrate in the court below for commission of an offence under Section 401A of Kolkata Municipal Corporation Act, 1918. The learned Magistrate sentenced the petitioners to suffer simple imprisonment for two years and a fine of Rs. 50,000/- was imposed.
Mr. Uday Sankar Chattopadhyay, learned advocate for the petitioners, submits that there was no corroborative evidence before the learned Magistrate or the Sessions Judge in support of the prosecution case.
The petitioners will serve a copy of this application upon the opposite parties indicating that this matter will be taken up for hearing after six weeks.
2If the order impugned is executed during the pendency of this revisional application, the same may become infructuous. There shall be a stay of operation of the order of the learned Sessions Judge in the court below in so far as it relates to sentencing the petitioners under Section 401A of the Kolkata Municipal Corporation Act and imposition of fine for a period of eight weeks.
List this matter after six weeks under the heading "Contested Application".
Let the lower Court records be called for by the Special Messenger. The petitioner will deposit the requisites within one week from date.
(Kausik Chanda, J.)