Calcutta High Court (Appellete Side)
Bikash Beri Alias Vikash Bery vs The State Of West Bengal & Anr on 1 September, 2021
01.09.2021 IN THE HIGH COURT AT CALCUTTA
Item No.2 CRIMINAL REVISIONAL JURISDICTION
Ct.No.34
dc.
C.R.R. 3246 of 2018
(Via Video Conference)
Bikash Beri alias Vikash Bery
versus
The State of West Bengal & Anr.
In Re: An Application under Sections 397/401 read with
Section 482 of the Code of Criminal Procedure, 1973.
Mr. Moyukh Mukherjee ... For the Petitioner.
Mr. Anindya Sundar Chatterjee,
Mr. Goutam Dinda ... For the K.M.C.
Mr. Mukherjee, learned advocate appearing for the
petitioner submits that the property has been attached which
is an embargo for the petitioner to enjoy the property.
Learned advocate for the KMC is present.
On perusal of the relevant records, I find that the
revisional application was preferred in the year 2018 and the
judgment was delivered on 14.06.2019. By the said
judgment, the learned Magistrate was pleased to convict the
petitioner imposing a fine of Rs.2500/- in default to suffer
simple imprisonment for one month for committing the
offence punishable under Sections 392/610 of KMC Act and
also sentenced to pay fine of Rs.1000/- for 1st day i.e. on
5.10.2016 and also Rs.90/- per day up to the date of
demolition firstly on 10.1.2017 in default to suffer another
ten days for committing the offence punishable under Section
618 of KMC Act and in that case both the sentences should
run concurrently.
As the relevant application was pending and there was
an interim order, according to the learned Magistrate, no
order was passed in respect of attachment of the property in
terms of Section 82(4) of the Code of Criminal Procedure
along with the relevant provisions of the KMC Act. The
learned Magistrate in the ordering portion of the said
judgment has categorically recorded as follows :
"Now, it is further observed by this Court that the case
property was attached u/s 82(4) of Cr.P.C along with
relevant provision of KMC Act and fact of such
attachment has been noted in Assessment Register of
KMC, but, at the same time further appears from the
record that Hon'ble High Court Calcutta had been
pleased to stay such order of attachment partially with a
direction upon the accused person not to deal with such
property till further order or till further leave of the Court,
but, thus, in this case the convict shall be at liberty to
take recourse under section 452 read with section 458
Cr.P.C by filing separate Mise case for disposing of the
property subject to the final order of the Hon'ble Court if
any in this respect in CRR No.3246 of 2018 with CRAN
371 of 2019."
Having regard to the observations made by the learned
Magistrate, I am of the view that there is no justification in
the pendency of the present revisional application as a
separate Misc. case need to be filed for recalling of the
attachment order so passed.
In view of the aforesaid, I direct that the petitioner will
be at liberty to take out an application in consonance with
relevant provisions of law for recalling of the said attachment
order and if such an application is filed before the learned
Magistrate in terms of the order so passed by the concerned
court, the learned Magistrate would dispose of the same
within a period of four weeks from the date of filing of such
application.
The learned Magistrate will independently pass the
order without being influenced by any observations made by
this Court.
The revisional application being CRR 3246 of 2018 is,
thus, disposed of.
Interim order, if any, is hereby vacated.
All pending connected applications, if any, are
consequently disposed of.
All parties including the learned Magistrate shall act on
the server copy of this order duly downloaded from the official
website of this Court.
(Tirthankar Ghosh, J.)
