Manasaram Hembram & Anr vs Unknown
2022 Latest Caselaw 4272 Cal

15. 07 . 2022

BP Sl. 269 CRR 1953 of 2022 Court no.42.

In re: An application under Section 482 of the Code of Criminal Procedure, 1973.

In the matter of: Manasaram Hembram & Anr.

...petitioners

Mr. Subhasish Roy ..for the petitioners.

The issue involved in the instant criminal

revision is as to whether the learned Chief Judge, City

Sessions Court, Calcutta properly applied the ratio of

the decision of the Hon'ble Supreme Court in Naser

Bin Abu Bakr Yafai vs. The State of Maharashtra &

Anr (Criminal Appeal No. 1166 of 2021, judgment

delivered on 20th October, 2021) in holding that the

order of the Learned Chief Metropolitan Magistrate,

Calcutta taking cognizance of offence is not bad in

law.

The instant revision be admitted. The petitioners

are directed to serve notice upon the opposite party

under registered speed post with A/D and shall file

affidavit of service within three weeks from the date of

this order.

In the meantime, further proceedings of

Sessions Case in C.R. Case No. 87 of 2016 be stayed

for a period of six weeks.

Liberty to mention.

(Bibek Chaudhuri, J. )