Akhtar Hussain @ Akhtar Hossain vs The State Of West Bengal And ...
2023 Latest Caselaw 7298 Cal

 D/L5                                       C.R.R.821 of 2023
18.10.2023

With Bpg.

CRAN 1 of 2023

In Re: An application under Section 482 read with Section 397 and 401 of the Code of Criminal Procedure, 1973;

Akhtar Hussain @ Akhtar Hossain Versus The State of West Bengal and another

Mr. Sabyasachi Chatterjee Mr. Sandipan Das Ms. Indrani Roy.

...for the petitioner.

Mr. Anwar Hossain Ms. Manisha Sharma.

...for the State.

Ms. Sreyashee Biswas.

...for the K.M.C.

The petitioner was convicted in connection with a

proceeding under the provisions of Section 401A of the Kolkata

Municipal Corporation Act and sentenced to suffer simple

imprisonment for three years and to pay fine with a default clause.

Mr. Anwar Hossain, learned advocate, appears on behalf

of the State.

It has been informed that Ms. Sreyashee Biswas, learned

advocate, has been engaged on behalf of the K.M.C.

Having regard to the fact that the judgment and order of

conviction was affirmed by the appellate court in Criminal Appeal

No.140 of 2021, I am of the view that the revisional application is

required to be heard.

List the revisional application under the heading

"Contested Application" in the monthly list of February, 2024.

The Lower Court Records in respect of both the trial

court and the appellate court be tagged with the records of the

present case.

The petitioner was earlier on bail, as such, he may be

allowed to continue on the same bail and bond.

There shall be stay of execution of the judgment and

order passed by the learned Municipal Magistrate, Kolkata in Case

No.747 of 2018 as well as the judgment and order passed in

Criminal Appeal No.140 of 2021 till 28th February, 2024.

Accordingly, CRAN 1 of 2023 is disposed of.

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

downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)