Sifan Dan vs The State Of West Bengal And ...
2023 Latest Caselaw 1095 Cal

 D/L101                                 C.R.R. 436 of 2023
09.02.2023

With Bpg.

CRAN 1 of 2023

In Re: An application under Section 482 read with Section 397 of the Code of Criminal Procedure, 1973;

Sifan Dan Versus The State of West Bengal and another

Ms. Baisali Basu, Mr. Arpan Mondal.

...for the petitioner.

Mr. Rudradipta Nandy, Ms. Manisha Sharma.

...for the State.

Mr. Goutam Dinda, Mr. Anindyasundar Chatterjee.

...for the K.M.C.

The revisional application has been preferred with a

prayer for condoning the delay of 213 days. The reasons are

assigned in paragraph 9 of the said application. The reasons are

found to be just and sufficient. Accordingly, the delay of 213 days,

which has taken place for preferring the revisional application, is

hereby condoned. Consequently, CRAN 1 of 2023 is allowed.

Mr. Dinda, learned advocate, appears on behalf of the

KMC.

The revisional application has been preferred challenging

the judgment and order of conviction and sentence dated April 4,

2022 in Criminal Appeal No.134 of 2021 which affirmed the

judgment and order passed by the learned Municipal Magistrate, 3rd

Court, Calcutta in connection with M.F. Case No.386 of 2017

arising out of Purba Jadavpur Police Station Case No.85 of 2017

dated 09.08.2017 under Section 401(A) of the Kolkata Municipal

Corporation Act.

Records reflect that the learned Municipal Magistrate

convicted the petitioner for a period of three years and also directed

for payment of fine of Rs.50,000/- for commission of offence under

Section 401(A) of the KMC Act. The said judgment of conviction

and order of sentence was affirmed by the learned Additional

District and Sessions Judge, 2nd Fast Track Court, Bichar Bhawan,

Calcutta in Criminal Appeal No.134 of 2021.

Having considered that the revisional application involves

the issue relating to sentence, the evidence is required to be gone

into. Accordingly, the Lower Court Records of both the learned

appellate court and the learned trial court be placed before this

Court on the next date fixed for hearing.

As State is a necessary party, petitioner is directed to

serve a copy of the revisional application upon Mr. Nandy, learned

advocate, who ordinarily appears for the State. His appointment

may be regularised by the concerned authorities.

It has been informed that pursuant to the judgment

delivered by the appellate court, the present petitioner has been

taken into custody. However, no records are available before this

Court. Learned advocate for the petitioner is directed to produce a

copy of the same reflecting that the petitioner is in custody. State is

also directed if possible to submit an information whether the

present petitioner has been taken into custody in connection with

Purba Jadavpur Police Station Case No.85 of 2017 (M.F. Case

No.386 of 2017).

List the revisional application under the heading "To Be

Mentioned" on 14th February, 2023 before the regular Bench.

All parties shall act on the server copy of this order duly

downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)