Nestle India Ltd. Dlf. & Ors vs Unknown
2021 Latest Caselaw 5055 Cal

Sl. 17
24.9.2021

Court No.26 SD CRR 2069 of 2000 (Via Video Conference)

In the matter of: Nestle India Ltd. Dlf. & Ors.

... Petitioners.

Mr. Rajesh Batra Mr. Sakabda Roy ... for the Petitioners.

Heard Mr. Rajesh Batra, counsel appearing on behalf of the

petitioners.

Mr. Batra has taken me through some of the judgments filed by him

and elucidated on the aspect of implied repeal. His main limb of argument is

that subsequent to the Central Legislative Amendment in 1976, the earlier

West Bengal amendment was impliedly repealed. Accordingly, the offences

under Sections 272 and 273 of the Indian Penal Code, 1860 are non-

cognizable.

In light of the same, Mr. Batra has submitted that Section 462 of the

Code of Criminal Procedure would apply and the filing of the complaint and

charge sheet is not maintainable in law.

None has appeared on behalf of the State in spite of several notices

given.

The petitioners are once again directed to inform the office of the

Public Prosecutor with regard to this matter.

Public Prosecutor is requested to appear in this matter on the

returnable date.

Let the matter appear in the list on September 30, 2021.

(Shekhar B. Saraf, J.)