Partly allowed

Soma Bag & Ors. v. State of West Bengal & Anr.

Calcutta HC23 Mar 2022CRR/987/2019

Case brief

AI extract

What is this about?

The High Court at Calcutta partly allowed a criminal revision petition. It set aside an order issuing process under IPC sections because the learned Magistrate failed to conduct an inquiry under Section 202 of CrPC before proceedings against accused residing outside jurisdiction.

What did the court decide?

Order issuing process set aside; Magistrate directed to adhere to Section 202 CrPC regarding accused residing abroad.

Soma Bag & Ors. Vs State of West Bengal & Anr. — Civil Procedure and Limitation | Calcutta HC (2022)

¶1

23-03-2022 Subha Item--04 Ct -.34

¶2

IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction

¶3

C.R.R 987 of 2019

¶4

with IA No CRAN 1 of 2020(Old No. CRAN 2696 of 2019) with

¶5

CRAN 5 of 2022

¶6

In Re : An application under Section 482 read with Sections 397/401 of the Code of Criminal Procedure, 1973.

¶7

In the matter of : Smt Soma Bag & Ors. …Petitioners.

¶8

Ms. Reshmi Ghosh Mr. Koustav Bagchi Mr. Debayan Ghosh ……for the petitioners.

¶9

Mr. Milon Mukherjee, Sr. Advocate, Mr. Samrat Goswami …..for the opposite party no.2. Ms. Zareen Khan Ms. Sreeparna Das

¶10

Record reflects that the learned Judicial Magistrate, 2^nd Court, Barasat after examination of the complainant on 01.11.2018 was pleased to issue process against the present petitioners under Sections 506/506(2)/120B/34 of the Indian Penal Code.

¶11

Having regard to the fact that some of the accused persons were residing outside the jurisdiction of the court it was incumbent upon the learned Magistrate prior to the issuance of process to comply with the provisions of Section 202 of the Code of

¶12

¶13

Criminal Procedure as reiterated by the Hon’ble Supreme Court in the case of National Bank of Oman –vs- Barakara Abdul Aziz & Anr reported in (2013) 2 SCC 488 and in the case of Abhijit Pawar –vsHemant Madhukar Nimbalkar & Anr reported in (2017) 3 SCC 528. Thus, the order issuing process is hereby set aside.

¶14

Accordingly, the revisional application being CRR 987 of 2019 is partly allowed.

¶15

Learned Magistrate is directed to first adhere to the provisions of Section 202 of the Code of Criminal Procedure, satisfy himself regarding the possibility of any alleged offence being committed having regard to the fact that some of the proposed accused are residing abroad.

¶16

All pending applications, if any, in connection with the revisional application, are consequently disposed of.

¶17

Interim order, if any, is hereby vacated.

¶18

All concerned parties are to act in terms of a website copy of this order duly downloaded from the official website of this court.

¶19

( Tirthankar Ghosh, J. )

¶20

Soma Bag & Ors. v. State of West Bengal & Anr.

Case brief

What is this about?

What did the court decide?

Soma Bag & Ors. v. State of West Bengal & Anr.

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

Saptarshi Mondal & Ors. Vs State of West Bengal & Anr.

Imran Dhabak Vs State of West Bengal & Ors.

Bidyut Biswas Vs Smt Moutusi Biswas & Ors.

Chiranjib Biswas Vs Lovely Biswas& Anr.

Chiranjib Biswas Vs Lovely Biswas& Anr.

Bhusan Kr Chohan Vs State of West Bengal & Anr.