Subham Roy Choudhury vs The State Of West Bengal
2022 Latest Caselaw 3993 Cal

Form J(2)       IN THE HIGH COURT AT CALCUTTA
                   Criminal Revisional Jurisdiction
                           Appellate Side

Present :
The Hon'ble Justice Bibek Chaudhuri


                          CRR 1290 of 2022



                       Subham Roy Choudhury
                                 Vs.
                       The State of West Bengal



For the petitioner:   Mr. Ajoy Roy Choudhury



Item No.02.



Heard & Judgment on:       05.07.2022



Bibek Chaudhuri, J.

The instant revisional application arises on receiving a

notice by the petitioner in M. Execution Case No.67 of 2022

dated 23rd March, 2022. The petitioner has prayed for setting

aside the said notice passed in M. Execution Case No.67 of 2022.

It is submitted by Mr. Roy Choudhury, learned advocate for

the petitioner that in M. Case No.515 of 2016 the petitioner

made some false and fabricated statement which according to

the present petitioner amounts to perjury and a proceeding

under Section 340 of the Code of Criminal Procedure was

initiated by the petitioner. This Court in another revisional

application passed an order on 12 th April, 2021 directing the trial

Court to dispose of the proceeding under Section 340 of the

Code of Criminal Procedure. Now, the instant revision is for

setting aside the notice of M. Execution Case No.67 of 2022

arising out of the main petition being M. Case No.515 of 2016.

On the facts and circumstances stated above, this Court

cannot set aside the notice in M. Execution Case No.67 of 2022.

The Court that deals with the proceeding under Section 340 of

the Code of Criminal Procedure can, if the Court thinks fit, pass

an order of stay of operation of the notice of M. Execution Case

No.67 of 2022 till the disposal of the proceeding instituted by

the petitioner under Section 340 of the Code of Criminal

Procedure.

In view of the above order, I do not find any merit in the

instant revision and accordingly, the instant revision is dismissed

summarily. However, this order will not debar the petitioner to

make similar prayer in the appropriate Court of law.

(Bibek Chaudhuri, J.)