Sushil Kumar Gupta vs State Of West Bengal
2022 Latest Caselaw 5609 Cal

18.8.2022 S.D.

204.

C.R.R. 2795 of 2017 With CRAN 11 of 2022

Sushil Kumar Gupta Vs.

State of West Bengal

Mr. Anupam Dasadhikari Mr. Dipanjan Chatterjee Mr. Apalak Basu Mr. Krishnendu Pal Chowdhury ...For the petitioner.

Mr. Sudip Ghosh Ms. Debjani Sahu ...For the State.

It appears that the issue involved in the present criminal revisional

application is similar to the issue involved in the judgment reported at

(2010) SCC Online Allahabad 1708 (M/s. Pepsico India Holding Pvt. Ltd.

vs. State of Uttar Pradesh). It further appears that an appeal against the

said judgment is now pending before the Hon'ble Supreme Court.

Mr. Ghosh, learned advocate appearing for the State submits that

the issue has already been decided in the judgment reported at (2019) 18

SCC 145 (State of Maharashtra Vs. Syed Hassan Sayyed Subhan)

conclusively.

Mr. Dasadhikari, learned advocate for the petitioner, however,

submits that the said judgment is not applicable in the facts of the instant

case since the other points raised by the petitioner in this case,

particularly the competency of the Investigating Officer, has not been

decided in that case.

Be that as it may, since the core issue with regard to the

applicability of Sections 272 and 273 of the Indian Penal Code, 1860 is

pending before the Supreme Court as noticed in paragraph 46 of the

judgment reported at (2016) 9 SCC 699 (Swami Achyutanand Tirth Vs.

Union of India), I am of the view that the interim order granted earlier in

this revisional application should be extended for a limited period of

twelve weeks from date.

Accordingly, the same is extended for a further period of twelve

weeks from date.

List this matter two weeks after the ensuing Puja Vacation under

the same heading.

CRAN 11 of 2022 is accordingly disposed of.

(Kausik Chanda, J.)