Bholanath Sahu vs The State Of West Bengal & Anr
2023 Latest Caselaw 2023 Cal

27.03. 2023 item No.23 n.b.

ct. no. 551                   CRR 3150 of 2018
              With
                            IA No. CRAN 4 of 2021

                              Bholanath Sahu
                                   Vs.
                      The State of West Bengal & Anr.

                       Ms. Baisali Sharma,
                                        ... for the Petitioner.
                       Ms. Sreyashee Biswas,
                       Mr. Goutam Dinda,

Mr. Anindyasundar Chatterjee, ... for the K.M.C.

Mr. Saswata Gopal Mukherjee, Ld. P.P., Mr. Imran Ali, Ms. Debjani Sahu .... For the State

State is represented.

Learned advocate appearing on behalf of the KMC

submitted a report. Perused the report, it is revealed from the

report that the present petitioner herein has deposited the

regularization fees amounting to Rs.84,793/- on 14.6.2018 and

submitted Structural Stability Certificate.

Considering the report of the KMC and considering the

facts and circumstances of this case it appears that separate

proceeding has been initiated by the KMC. The merit of the

proceeding is extraneous to this case. Thus, that cannot be

considered at this stage.

The revisional criminal application has been preferred

against the order and judgment dated September 13, 2018 passed

by the Learned Additional District & Sessions Judge, Fast Tract

Court No.II, Bichar Bhawan, Calcutta in Criminal Appeal No.84 of

2016 thereby affirming judgment and order dated July 7, 2016

passed by Learned Municipal Magistrate, 3 rd Court, Calcutta in

M.F. Case No.104 of 2016 arising out of Netajinagar P.S. Case

No.40 dated 4.2.2016 under Section 401(A) of the KMC Act, 1980.

After the order of conviction was passed the appellant i.e.

accused proceeded to regularize the same before the KMC authority

and he also paid necessary fees and Stability Certificate.

Considering the same the impugned order of conviction passed by

this learned Municipal Magistrate Court is hereby set aside.

The CRR 3150 of 2018 is allowed.

The surety in the name of the petitioner is also

discharged.

Interim order passed by this Court during the

continuation of the instant criminal revisional application is also

vacated.

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

downloaded from the official website of this Court.

( Subhendu Samanta, J.)