Biplab Saha & Anr vs Unknown
2022 Latest Caselaw 781 Cal

Court No.

Item 17 tbsr CRR 520 of 2022 23.02.

In the matter of:- Biplab Saha & Anr.

Mr. Abhra Mukherjee Mr. Souradeep Dutta Ms. Ria Mukherjee .....for the petitioners

This is an application challenging the judgment

order dated 07.02.2022 passed by the learned Additional

Sessions Judge, Fast Track Court No.2, City Sessions

Court, Bichar Bhawan in Criminal Appeal No. 86 of 2019,

thereby affirming the judgment and order of conviction

and modifying the sentence awarded under Section 401A

of the Kolkata Municipal Corporation Act.

Learned counsel for the petitioners submits as

follows. The petitioner no. 1 is the developer and the

petitioner no. 2 is the landlady in respect of the property

in question. The prosecution alleged that there was a

deviation from the sanctioned plan from the height of 6.7

metres. However, it was never established as to what

was the extent of such deviation. The I.O. also did not

investigate the structural stability of the building. The

prosecution failed to prove the case beyond reasonable

doubt. Although the petitioners were sentenced to suffer

rigorous imprisonment for three years along with the fine

of Rs. 50,000/- each by the learned trial court, the

learned appellate court reduced the sentence of

imprisonment to three months' imprisonment for the

petitioner no. 1 and for the petitioner no. 2 till rising of

the Court.

Let the petitioners serve a copy of this application

upon the State through the learned Public Prosecutor

and upon the opposite party no. 1 by speed post with

acknowledgment due, within a week and affidavit of

service to that effect shall be filed on the next date.

Let this matter appear as a "Contested Application"

three weeks hence.

The operation of the impugned order shall remain

stayed for a period of six weeks from this date.

The parties shall be at liberty to pray for extension

or modification or vacating of the interim order upon

notice to other side.

Let the lower court records be called for.

Urgent photostat certified copy of this order may be

supplied to the parties expeditiously, if applied for.

(Jay Sengupta, J.)