Dipak Kumar Ghosh v. Tapas Dey

C.R.R. No.923 of 2013 With CRAN 2 of 2014 (Old CRAN 332 of 2014) D/L43 May 13, Bpg.

In Re: An application under Section 401 read with Section 482 of Code of Criminal Procedure, 1973;

Dipak Kumar Ghosh

Versus

Tapas Dey The present revisional application has been preferred challenging the proceedings being Case No.C/28863 of 2008 pending before the learned Metropolitan Magistrate, 10th Court, Calcutta.

The order dated 01.04.2013 passed by a co-ordinate Bench reflects that the petitioner happened to be a Chief Manager of the Bank which had sanctioned loan and it was contended that he is innocent of the charges and the criminal proceedings against him should not be allowed to continue.

I find that there was no interim order restraining the proceedings. No information has also been furnished regarding the present stage of the proceedings before the learned jurisdictional court.

Having regard to the stage at which the petitioner approached this Court and the contentions advanced in the revisional application, I am of the opinion that the same are issues of facts which require to be rebutted in course of the trial. Thus, no interference is called for.

Accordingly, CRR 923 of 2013 is dismissed.

Pending application, if any, is consequently disposed of. Interim order, if any, is hereby vacated.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)