Rajendra Prasad Jaiswal & Anr vs Unknown
2021 Latest Caselaw 3531 Cal

    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.

If 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.)