Partly allowed

Musa Karim Molla v. State of West Bengal& Ors.

Calcutta HC24 Feb 2022CRR/245/2020

Case brief

AI extract

What is this about?

This court set aside an impugned order dated 06.12.2019 passed by the Additional Judicial Magistrate, Basirhat. The order directed the Magistrate to reconsider the allegation of non-performance of investigating authority afresh under Section 173(8) CrPC. The court expressly refrained from examining the merits of the case.

What did the court decide?

The order dated 06.12.2019 set aside; direction to the Learned Magistrate to address the application under Section 173(8) CrPC regarding non-performance of Investigating Authority.

Musa Karim Molla Vs State of West Bengal& Ors. — Civil Procedure and Limitation | Calcutta HC (2022)

¶1

24.02. 2022 item No.72 n.b. ct. no. 34

¶2

(via video conference) CRR 245 of 2020

¶3

Musa Karim Molla Vs.

¶4

The State of West Bengal & Ors.

¶5

Mr. Satyendar Agarwal, Mr. P. Bag

¶6

…..for the Petitioner

¶7

Mr. Sourav Chatterjee Ms. Sumitra Das

¶8

…..for the opposite party nos.2 to 4

¶9

Mr. Ranabir Roy Chowdhury Mr. Mainak Gupta

¶10

…..for the State

¶11

Mr. Agarwal, learned advocate appearing for the petitioner

¶12

is aggrieved by an order dated 06.12.2019 passed by the Learned Additional Judicial Magistrate, 2^nd Court at Basirhat, North 24 Parganas.

¶13

Mr. Sourav Chatterjee, learned advocate appears on behalf of the opposite party nos.2 to 4.

¶14

Mr. Ranabir Roy Chowdhury, learned advocate appears on behalf of the State.

¶15

I have perused the order dated 06.12.2019 passed by the Learned Additional Judicial Magistrate, 2^nd Court at Basirhat, North 24 Parganas and the foundation of the order is on the basis of the judgment of the Hon’ble Supreme Court in the case of Amrutbhi Shambhubhai Patel Vs. Shambhubhai Kantibhai Patel & Ors. reported in (2017) 4 SCC 177, the aforesaid judgment was

¶16

¶17

overruled in the case of Vinubhai Haribhai Malaviya Vs. The State of Gujarat, reported in (2019) 17 SCC 1 .

¶18

In view of the present interpretation of law, learned Magistrate is directed to consider the application afresh under Section 173(8) of the Code of Criminal Procedure. Consequently, the order dated 06.12.2019 is hereby set aside. Learned Magistrate would address on the merits of the application under Section 173(8) of the Code of Criminal Procedure regarding the nonperformance of the Investigating Authority, as alleged by the petitioner/complainant.

¶19

Needless to state that this Court has not gone into the merits of the case and the same is left to the Learned Magistrate to consider independently and arrive at his own decision without being influenced by any observation of this Court.

¶20

Accordingly, CRR 245 of 2020 is partly allowed.

¶21

All pending connected application, if any, are consequently disposed of.

¶22

Interim order, if any, is hereby vacated.

¶23

All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

¶24

(Tirthankar Ghosh, J.)

Musa Karim Molla v. State of West Bengal& Ors.

Case brief

What is this about?

What did the court decide?

Musa Karim Molla v. State of West Bengal& Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Subhojit Sen Vs the Learned Senior Municipal Magistrate

Ranjan Haldar Vs State of West Bengal & Anr.

Ajay Prasad & Anr. Vs State of West Bengal& Anr.

Bidhan Chandra Roy & Ors. Vs Jiten Ghosh & Ors.

Radha Nath Nandy Vs State of West Bengal & Ors.

Arun Dhara Vs State of West Bengal & Ors.