Calcutta High Court (Appellete Side)
Md. Younus & Ors vs Unknown on 27 May, 2021
27.05.2021.
ap
C.R.R. No. 1320 of 2021
With
I.A. No. CRAN 1 of 2021
(via video conference)
In Re: An application under Section 482 read with Section 401 of
the Code of Criminal Procedure, 1973 filed on 25.05.2021.
AND
In the matter of: Md. Younus & Ors. ...Petitioners
Mr. Supratick Syamal,
Md. Zahid Abedin,
Md. Ibrahim. ...For the petitioners
Despite service of notice, State is not represented.
Mr. Swapan Banerjee along with Mr. Suman De are
requested to represent the State in this matter.
Office of the Public Prosecutor, High Court, Calcutta
shall regularize their appointments.
The petitioners are aggrieved by the order dated 6th
March, 2020 passed by the learned Additional District &
Sessions Judge, 1st Fast Track Court, Calcutta in Criminal
Appeal No. 70 of 2019.
By the impugned judgment, the order of conviction and
sentence passed by the learned Municipal Magistrate, 2nd
Court at Calcutta in Registration No. 86382 of 2015 under
Section 401A of the Kolkata Municipal Corporation Act, 1980
has been modified.
The learned Magistrate had sentenced the revisionists to
five years R.I. for violation of Section 401A of the Kolkata
Municipal Corporation Act, 1980 and also six months
imprisonment for the offences punishable under Section 392
and 610 of the said Act. A fine of Rs.50,000/- was also
imposed on the revisionists for committing offence under
Section 401A of the said Act.
On appeal to the Court below, the order of the learned
Magistrate was modified by reducing the sentence of five
years of R.I. to T.R.C. The rest of the order, particularly, the
amount of fine of Rs.50,000/- and the imprisonment of six
months for the offence punishable under Sections 392 and
610 of the said Act was not interfered with. For failure to
comply with the order of the learned Magistrate as modified
by the learned Additional District & Sessions Judge, 1st Fast
Track Court, Calcutta, the warrant of arrest has been issued
against the petitioners.
This Court was approached by the revisionists in C.R.R.
No. 1069 of 2021. By the order dated 30th April, 2021 the
time to surrender before the Court below has been extended
by a period of three weeks. The said order has also not been
complied with by the petitioners. A further application is
stated to be pending for further extension of time to comply
with the warrant of arrest.
In the meantime, the instant revisional application has
been filed on 25th May, 2021 along with the application for
condonation of delay.
This Court is not satisfied with the conduct of the
revisionists in pursuing remedies under the law.
In those circumstances, the petitioners shall serve a copy
of the revisional application and Section 5 application afresh
on Mr. Swapan Banerjee by tomorrow.
Let the hearing of this matter stand adjourned and be
listed on 2nd June, 2021.
All parties are directed to act on a server copy of this
order on usual undertakings.
(Rajasekhar Mantha, J.)
