Tapas Dutta vs State Of West Bengal & Ors
2022 Latest Caselaw 1784 Cal

05.04. 2022
 item No.57
 n.b.
ct. no. 34
                                CRR 1359 of 2018

                                   Tapas Dutta
                                       Vs.
                           State of West Bengal & Ors.

                    Mr. Mrityunjay Halder
                                       .....for the Petitioner

                    Ms. Anasuya Sinha,
                    Mr. Pinak Kr. Mitra
                                 .....for the State

                    The present revisional application has been preferred

        challenging the Judgment and order dated 18.1.2018 passed in

        connection with Criminal Appeal No.53 of 2012 by the Learned

        Additional District & Sessions Judge, Fast Track Court, 1 st Court,

        Calcutta.

                    The grievance of the petitioner is in respect of applications

        under Sections 91/93/310 and 391 of the Code of Criminal

        Procedure not being considered by the Learned Appellate Court

        prior to deciding the appeal.

                    The background of the case relates to an order of acquittal

        being passed by the Learned Metropolitan Magistrate, 5 th Court,

        Kolkata in GR Case No.859 of 2005(T.R. 319 of 2006) wherein the

        Metropolitan Magistrate after analysing the evidence produced in

        support of the prosecution was pleased to acquit the sole accused

        persons from the charges under Section 420 of the Indian Penal

        Code. Being aggrieved the present petitioner preferred an appeal

        before the Learned Appellate Court being the Learned Chief Judge
                                        2




City Sessions Court, Calcutta, the same appeal being Criminal

Appeal no. 53 of 2012 was thereafter assigned to the learned

Additional District and Sessions Judge, Fast Track Court, 1 st Court,

Calcutta and the learned Judge by Judgment dated 20.8.2013 was

pleased to assign his reasons for dismissing the appeal and

affirming the Judgment and order of acquittal passed by the

Learned Metropolitan Magistrate, 5th Court. Kolkata.           Being

aggrieved by such order of acquittal the present petitioner preferred

a revisional application before this Court being CRR 33 of 2014

wherein by Judgment and order dated 2.12.2015 a Co-ordinate

Bench was pleased to direct the appeal Court to dispose of the

application under Section 391 of the Code of Criminal Procedure

and thereafter proceed with the appeal in accordance with law and

dispose of the appeal within a period of six months.        After the

appeal was remitted back several dates were fixed before the

learned Appellate Court and finally the same was disposed of on

18.1.2018

. The grievance expressed by the learned advocate

appearing for the petitioner is in respect of the same applications

still pending.

I find that the revisional application which was preferred

before the Hon'ble High Court, Calcutta directed the Appellate

Court to consider and dispose of the application under Section 391

of the Code of Criminal Procedure only. The learned Appellate

Court categorically observed that "Notice was issued but the

appellant failed to produce any additional evidence in this regard."

So far as the second application under Section 91 of the

Code of Criminal Procedure is concerned the Appellate Court also

observed that even after allowing such application no documents

were produced at the instance of the opposite party no.3.

Thereafter, the Appellate Court proceed to observe that the

contention of the appellant is that he paid Rs.3.5 lakhs is not

substantiated by any cogent document except the money receipt of

Rs.1,00,000/-. It has also been observed that the burden of proof

was admittedly shifted upon accused at the instance of the

appellant.

Be that as it may, I do not find that there has been any

scope for interfering in this revisional application against the order

of acquittal as it is restricted to issues of law or facts which is on

the foundation of manifest error appearing from the records of the

case or any gross illegality being committed. On an assessment of

the materials placed before this Court particularly, the Lower Court

Records as also the Judgment and order dated 18.1.2018, I am of

the opinion, that there is no scope of interference in the Judgment

and order dated 18.1.2018 passed in Criminal Appeal No.53 of

2012.

As such the revisional application being CRR 1359 of

2018 is dismissed.

All pending connected applications, if any, are

consequently disposed of.

Interim order, if any, is hereby vacated.

The department is directed to send back the Lower Court

Records.

All parties shall act on the server copy of this order duly

downloaded from the official website of this Court.

( Tirthankar Ghosh, J.)