Sanjoy Mondal @ Sanjoy Kumar ... vs Unknown
2022 Latest Caselaw 202 Cal

  38
27.1.2022

sb

CRR 1704 of 2019 (Via video conference)

In Re: An application under Section 397/399/401 read with Section 482 of the Code of Criminal Procedure, 1973.

In the matter of : Sanjoy Mondal @ Sanjoy Kumar Mondal .......Petitioner

Mr. Angshuman Chakraborty Mr. Shashanka Shekhar Saha .......for the Petitioner

Mr. Partha Sarathi Bhattacharyya Ms. Sukla Das Chandra ...for the Opposite party no. 2

Mr. S.S. Imam Mr. S. Kundu ...for the State

Affidavit of service filed by the learned advocate for the

petitioner, be kept with the record.

Mr. Chakraborty, learned advocate appears for the petitioner.

Mr. P.S. Bhattacharyya, learned advocate appears for the

opposite party no. 2.

Mr. Kundu, learned advocate appears for the State.

Learned advocate for the petitioner at the inception submits

that the learned Additional Sessions Judge, 1st FTC Court,

Diamond Harbour in Criminal Motion No. 15 of 2018 was pleased

to set aside the order dated 11.10.2017 passed by the learned

Judicial Magistrate, 1st Court, Diamond Harbour wherein the

learned Magistrate was pleased to hold that no case was made out

so far as the present petitioner is concerned, although the learned

Magistrate was pleased to issue process against the other accused

persons named in the petition of complaint.

Having regard to the fact that the learned Magistrate was

not satisfied so far as the issuance of process against the

petitioner is concerned and decided not to issue the same against

him and the learned Sessions Court without affording any

opportunity or issuing any notice arrived at a finding which is

against the order of the learned Magistrate and having the

consequences of facing the criminal trial, I am of the opinion that

without going into the merits of the case regarding the complicity

or involvement of the petitioner in the petition of complaint or on

any other provisions whether the petitioner is entitled to any relief

or not, the learned Sessions Court should afford an opportunity to

the petitioner before arriving at a finding against him.

Accordingly, the judgment and order dated 26.11.2018 is set

aside. The learned Additional Sessions Judge, 1st FTC Court,

Diamond Harbour would freshly consider the revisional

application after affording an opportunity to all the parties being

the petitioner before this Court, the opposite party no. 2 i.e. Md.

Islamuddin Gazi as also the State or any affected parties.

To that effect, the learned Magistrate, on receipt of

communication of this order, would issue notice to the respective

parties for fixing a date within a period of four weeks and take all

efforts for disposing of the same by 31st March, 2022.

With the aforesaid observations, CRR 1704 of 2019 is partly

allowed.

Interim order, if any, is hereby vacated.

Pending application, if any, is consequently disposed of.

The petitioner and the opposite party no. 2 will communicate

this order and place the same before the learned Additional

Sessions Judge, 1st FTC Court, Diamond Harbour on or before

10th February, 2022 and the learned Court would proceed as

earlier directed.

All parties are to act on the server copy of this order, duly

obtained from the official website of this Court.

(Tirthankar Ghosh, J.)