Sri Shyamal Mahapatra vs Unknown
2021 Latest Caselaw 3533 Cal

    67
01.07.2021

rrc CRR 1190 of 2021 In re : An application under Sections 401/482 of the Code of Criminal Procedure, 1973.

In the matter of : Sri Shyamal Mahapatra ..... petitioner Mr. Suman De .....For the petitioner

This revisional application has been preferred challenging a

judgment and order dated September 8, 2020, passed by the learned

Additional Sessions Judge, Fast Track Court at Haldia, Purba Medinipur.

The learned Judge by the order impugned dismissed the appeal

preferred against an order dated November 10, 2016, passed by the

learned Judicial Magistrate, 1st Court at Haldia whereby learned

Magistrate sentenced the petitioner to suffer simple imprisonment for two

days and also directed to pay the fine amount of Rs.50,000/- (Rupees

Fifty Thousand). In default, it was further directed to suffer simple

imprisonment for a period of one year.

If the order of the learned Magistrate is allowed to be executed

during the pendency of this application, this application may become

infructuous.

In that view of the matter, the operation of the judgment and order

of the learned Magistrate dated November 11, 2016, shall remain stayed

for a period of eight weeks or until further orders, whichever is earlier.

The petitioner shall serve a copy of this application upon the

opposite parties indicating that this matter will be taken up for hearing

after six weeks and shall file an affidavit-of-service to that effect on the

next date.

Let the lower court records be called for by the special messenger.

The petitioner will deposit the requisite within seven days from date.

List this application after six weeks under the heading "Contested

Application".

(Kausik Chanda, J.)