Keya Mitra v. Joydeep Roy Chowdhury And Another

15.04.2024

IN THE HIGH COURT AT CALCUTTA

Item No.141 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 1095 of 2024 In the matter of : Smt. Keya Mitra ... Petitioner.

Mr. Asis Kumar Das, Mr. Soumen Chattopadhyay ... For the Petitioner.

Supplementary affidavit filed on behalf of the petitioner be kept with the record.

Petitioner is aggrieved by the order dated 03.02.2024 passed by learned Additional District and Sessions Judge, 7th Court, Alipore in Criminal Motion No. 318 of 2022. The said revisional application was preferred against the order dated 17.10.2022 in C. Case No. 07 of 2022 passed by learned Judicial Magistrate, 4th Court, Alipore.

The subject-matter of this revisional application relates to an order which was passed by the learned Magistrate directing an enquiry to be conducted under Section 202 of the Code of Criminal Procedure. As the accused persons were staying outside the jurisdiction of the court exercising its authority, I am of the view that there was no illegality in the order passed by the learned Magistrate and more particularly, the same was for the purpose of the betterment of the complainant.

Having regard to the nature of the order passed by the learned Judicial Magistrate, 4th Court, Alipore, I direct that Officer-in-Charge, Santragachi Police Station within 60 days of the date of communication of the order from the court of the learned Judicial Magistrate, 4th Court, Alipore would

submit his report in connection with C. Case No. 07 of 2022 without any delay.

The learned Magistrate on receipt of such report would take a decision in respect of the provisions of Section 203 or Section 204 of the Code of Criminal Procedure. With the aforesaid observations, the revisional application being CRR 1095 of 2024 is disposed of. Pending connected application, if any, is consequently disposed of.

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

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)