John Mantosh v. Employee State Insurance Corporation

10.08.2021 Ct No. 35 D/L 39 ab C.R.R. 1294 of 2021 (Via Video Conference) Re: An application under Section 482 of the Code of Criminal Procedure, 1973.

In re : John Mantosh, ... Petitioner Mr. Sandipan Ganguly, Ms. Smruti Rekha Das, ... for the petitioner This is an application for quashing of the Complaint Case No. C/6330 of 2006, pending before the learned Metropolitan Magistrate, 3rd Court at Calcutta under Section 85G of the Employees' State Insurance Act, 1948.

Mr. Sandipan Ganguly, learned Senior Advocate for the petitioner submits that the petitioner was asked to produce some statutory registers by the opposite party. The petitioner was not in possession of the aforesaid registers at the relevant point of time.

Since the trial is going on and one witness has been examined so far, I am not inclined to interfere with the proceeding at this stage.

The revisional application is disposed of with a direction upon the learned Metropolitan Magistrate, 3rd Court at Calcutta to conclude the trial as early as possible, preferably within a

period of one year from date, after the resumption of the normal functioning of the Court.

The petitioner will be at liberty to agitate the point, as advanced before this Court, before the trial Court. The revisional application being C.R.R. 1294 of 2021 is, thus, disposed of.

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

(Kausik Chanda, J.)