Praveen Kumar vs Unknown
2021 Latest Caselaw 5054 Cal

Court No.

CRR 1853 of 2021 Item 24 tbsr Re: An application under Section 482 of the Code of 24.09.

Criminal Procedure, 1973.

In the matter of:- Praveen Kumar .......Petitioner.

Mr. Tanmay Basu, Mr. Arun Shaw ...for the petitioner

Mr. Sourav Chatterjee ....for the o.p. no. 2

It appears that the learned Magistrate in the Court

below, upon entertaining a complaint filed by the

opposite party no. 2, directed by an order dated July 9,

2020, to initiate an investigation ignoring the mandate of

the judgment reported at (2015) 6 SCC page 287

(Priyanka Srivastava Vs. State of UP).

The plain reading of the complaint filed before the

learned Magistrate, prima facie, shows that there has

been no preceding complaint before any police

authorities.

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

all proceeding of G.R. Case No. 2062 of 2020 under

Sections 406/420/ 468/469/471/506/120B of the

Indian Penal Code, 1860, pending before the learned

Chief Judicial Magistrate at Barasat for a period of eight

weeks from date. The petitioner shall serve a copy of this

application upon the opposite parties intimating that this

matter be taken up for hearing one week after ensuing

puja vacation as "For Orders". The petitioner shall file an

affidavit-of-service on the next date of hearing.

List this matter under the heading "For Orders"

one week after the ensuing puja vacation.

(Kausik Chanda, J.)