Fortuna Agro Plantation Ltd v. The State Of Tripura

Case No :CM Appl.(WP) 0000143/2015 Party Name : FORTUNA AGRO PLANTATION LTD Vs THE STATE OF TRIPURA THE HONBLE MR. JUSTICE S.TALAPATRA Heard Mr. D.K. Biswas, learned counsel appearing for the petitioner as well as Mr. S. Chakraborty, learned Addl. Govt. Advocate appearing for the respondents. The petitioner in the writ petition, being W.P(C) No.85 of 2015, has challenged the notification dated 21.03.2012 for breach of which a criminal proceeding has been drawn, which is pending in the court of the Chief Judicial Magistrate, North Tripura, Kailasahar. Mr. D.K. Biswas, learned counsel drawing attention of this court to the order passed by the Chief Judicial Magistrate on 09.04.2015 in Case No. C.R.(Labour) 01 of 2015, has submitted that unless the criminal proceeding is stayed, the petitioner may suffer some harassment.

This court however, is not inclined to suspend the proceeding in Case No. C.R.(Labour) No.01 of 2015. However, it is observed that if the petitioner files an application under Section 205 of the Cr.P.C., the Chief Judicial Magistrate, North Tripura, Kailasahar may consider dispensing of attendance of the petitioner, except on those occasions where his personal attendance would essentially be required. With this observation this petition stands disposed of. A copy of this order be sent to the Chief Judicial Magistrate, North Tripura, Kailasahar.