Suman Yadav & Anr vs Unknown
2021 Latest Caselaw 4653 Cal

    13
07.09.2021

Ct.35 AKG CRR 1712 of 2021 (Through Video Conference)

In Re: - An application under Section 482 of the Code of Criminal Procedure, 1973.

And

In the matter of: Suman Yadav & Anr.

.... Petitioners

Mr. Satadru Lahiri, Mr. Safdar Azam ...For the Petitioners

The present complaint has been filed by the de-facto

complainant/father against his son/petitioner no. 1 and his

wife/petitioner no. 2.

The complaint alleges on December 17, 2010, the petitioners

forcibly snatched and looted his war-medals, trophies and some other

documents. The said complaint was lodged on June 16, 2021.

Mr. Satadru Lahiri, learned advocate, appearing for the

petitioners submits that in view of the bar imposed by Section 468 of

the Code of Criminal Procedure, 1973, no cognizance can be taken by

the learned Magistrate with regard to the alleged offences.

It appears that the complaint has been filed after about eleven

years from the date of the alleged incident, and the investigation has

been initiated by the investigating agency on the very same date by

registering an F.I.R.

In the present facts and circumstances of the case, a preliminary

enquiry, in view of the judgment reported at (2014) 2 SCC 1 (Lalita

Kumari Vs. Government of Uttar Pradesh & Others) delivered by

the Supreme Court, was imperative.

In that view of the matter, there shall be a stay of all further

proceeding of G.R. case no. 2712 of 2021 under Sections 379/406/34

of the Indian Penal Code, 1860, pending before the learned Additional

Chief Judicial Magistrate, Basirhat, North 24 Parganas, against the

petitioners for a period of eight weeks from date.

List this matter after six weeks under the heading "Contested

Application".

(Kausik Chanda, J.)