Soma Bag & ORS. v. State Of West Bengal & ANR

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction 23-03-2022 Subha Item--04 Ct -.34 C.R.R 987 of 2019 with IA No CRAN 1 of 2020(Old No. CRAN 2696 of 2019) with CRAN 5 of 2022 In Re: An application under Section 482 read with Sections 397/401 of the Code of Criminal Procedure, 1973.

In the matter of : Smt Soma Bag & Ors. ...Petitioners. Ms. Reshmi Ghosh Mr. Koustav Bagchi Mr. Debayan Ghosh ......for the petitioners.

Mr. Milon Mukherjee, Sr. Advocate, Mr. Samrat Goswami .....for the opposite party no.2.

Ms. Zareen Khan Ms. Sreeparna Das ....for the State.

Record reflects that the learned Judicial Magistrate, 2nd 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. 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

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

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.

All pending applications, if any, in connection with the revisional application, are consequently disposed of. Interim order, if any, is hereby vacated.

All concerned parties are to act in terms of a website copy of this order duly downloaded from the official website of this court. ( Tirthankar Ghosh, J. )

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