Raj Singh Chopra & Ors vs The State Of West Bengal & Anr
2023 Latest Caselaw 3512 Cal

Form J(1)         IN THE HIGH COURT AT CALCUTTA
                     Criminal Revisional Jurisdiction
                                Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri
                         C.R.R. 1780 of 2023

                       Raj Singh Chopra & Ors.
                                 Vs.
                   The State of West Bengal & Anr.

For the petitioners        : Mr. Ayan Bhattacharjee, Adv.
                             Mr. Rajib Mallick, Adv.
                             Mr. Santanu Talukdar, Adv.
                             Ms. Sonia Mukherjee, Adv.
                             Mr. Deedp Bairagi, Adv.

Heard on                  : 17.05.2023.

Judgment on               : 17.05.2023.

Bibek Chaudhuri, J.

Though the petitioner has prayed for quashing of the criminal

proceeding, in reality he has challenged the order dated 25 th April,

2023.

Suffice it to say that the learned Magistrate had no power at the

stage of Section 202 of the Code of Criminal Procedure to direct the

accused to appear before his Court without issuing process under

Section 204 of the Code of Criminal Procedure.

The order is palpably illegal and I do not need any assistance to

declare the order dated 25th April, 2023 illegal, perverse and without

jurisdiction. Accordingly, the order dated 25 th April, 2023 passed by

the learned Metropolitan Magistrate, 11th Court, Calcutta is set aside.

The instant revision is, thus, disposed of.

(Bibek Chaudhuri, J.)

Mithun De/ A.R. (Ct).

Sl No.39.

D/L.