Calcutta High CourtCRR/1777/2023disposed

Heranmoy Das @ Hiranmoy Das v. State Of West Bengal And ORS.

2024-02-19Hon'Ble Justice Tirthankar Ghosh2 pages

19.02.2024

IN THE HIGH COURT AT CALCUTTA

Item No.40 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 1777 of 2023 In the matter of : Heranmoy Das @ Hiranmoy Das ... Petitioner.

Mr. Sourav Chatterjee, Mr. Falguni Bandyopadhyay, Ms. Riya Ballav ... For the Petitioner.

Mr. Arijit Ganguly ... For the State.

Ms. Sreyashee Biswas, Ms. Puja Goswami ... For the KMC.

A copy of the report dated 10.02.2024 submitted by Director General (Building), Building Department, Kolkata Municipal Corporation be handed over to Mr. Chatterjee, learned advocate appearing for the petitioner. Let the said report be kept with the record.

The said report reflects that steps would be taken under Section 621 of the KMC Act, 1980 as referred to in the Municipal Commissioner's Order No. 7 of 2023/2024. The KMC authorities are directed to submit an appropriate application in this regard before the jurisdictional court being the learned Municipal Magistrate, 2nd Court, Calcutta in connection with Criminal Misc. Case No. 1444 of 2016 arising out of Muchipara Police Station Case No. 195 dated 10.06.2016 under Section 401A of the Kolkata Municipal Corporation Act, 1980. Such steps before the learned Municipal Magistrate be taken on the next date so fixed or within a fortnight thereafter.

Having regard to the fact that the KMC authorities intend to compound the offences, no further order need be

passed in the revisional application and the learned Municipal Magistrate, 2nd Court, Calcutta would pass order on such compounding application in accordance with law. With the aforesaid observations, the revisional application being CRR 1777 of 2023 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.)