Sanjay Malik vs Unknown
2023 Latest Caselaw 7361 Cal

08.11.2023
4
Ssd/AB
Ct. No. 7
                      CRR 4419 of 2023

                  In the matter of : Sanjay Malik

                      Mr. Jitendra Singh Bhasin
                      Mr. Subhajit Karmakar     ... for the petitioner




             1.

Heard Mr. Jitendra Singh Bhasin, learned counsel

appearing on behalf of the petitioner.

2. The challenge in this revisional application is the

order dated 17th October, 2023 passed by learned

Additional Sessions Judge, Fast Track - II court,

Barrackpore in Criminal Revision No. 511 of 2023.

3. By the order impugned learned Additional Sessions

Judge was pleased to refuse the prayer for stay of the

order passed by learned Additional Chief Judicial

Magistrate on 22nd September, 2023 in G.R. case No.

4366 of 2023.

4. It is submitted by learned counsel for the petitioner

that the Police, CID, CBI all investigating agencies are

hounding against the petitioner. He has been admitted

on bail under Section 438 of the Code of Criminal

Procedure but he is not inclined to join the investigation

unless the investigating agency comes straight and

narrow indicating the number of cases pending against

him as he is apprehending harassive arrest by the

prosecution.

5. Upon perusal of material I find that the petitioner has

been given protection under Section 438 of the Code of

Criminal Procedure so far this case is concerned.

6. There cannot be any direction upon the police or any

other investigating agencies to disclose the number of

cases that could have been registered against him.

7. While appreciating the submission of learned counsel

for the petitioner I do not find any reason to interfere with

the order impugned.

8. The judgment relied upon by learned counsel for the

petitioner in the case of Uday Chand & Ors. Vs. Sheikh

Mohd. Abdullah & Ors. reported in (1983) 2 Supreme

Court Cases 417 cannot be made applicable in this

case.

9. However, it is expected that the investigating agency

shall not take any step in the breach of Article 21 of the

Constitution of India against the petitioner.

10. It is submitted that 30th November, 2023 is the date

fixed for hearing the revisional application before the

learned Additional Sessions Judge.

11. Learned Additional Sessions Judge, Fast Track - II

Court is requested to dispose of the revisional

application on the date fixed, if possible and not later

than 4th December, 2023.

12. The State is directed to furnish information as regards

the F.I.Rs. already registered against the petitioner by 30th November, 2023 before the Ld. Addl. Sessions

Judge, Barrackpore F.T. II Court, Barrackpore.

13. This revisional application is, thus, disposed of.

(Siddhartha Roy Chowdhury, J.)