Suneil Sarawgi v. State Of West Bengal

17.02.2022 Sl. No. 18 Court No.35 BM (Via Video Conference) C.R.R. 4026 of 2011 + I.A No. CRAN/1/2012(Old No.CRAN/529/2012) (not found) Suneil Sarawgi Vs.

State of West Bengal Mr. Sourav Chatterjee Mr. Debapratim Guha ... for the petitioner Mr. Bidyut Kumar Roy Ms. Rita Datta .... for the State This revisional application has been filed by the petitioner/complainant being aggrieved with order dated 20.8.2011 passed by the learned Metropolitan Magistrate, 11th Court, Calcutta in connection with C. Case No.C/46468 of 2009 under sections 420/406/468/471/474/120B of the Indian Penal Code, directing an enquiry under Section 202 of the Code of Criminal Procedure. Learned advocate for the petitioner submits that being aggrieved with the impugned order of the learned Magistrate the petitioner has approached this court for setting aside the same on the ground that enquiry under Section 202 of Code of Criminal Procedure was not mandatory and that process should have been issued on the basis of material before the court.

The person described as accused in the petition of complaint had not been made party in this revision as at the relevant time

summons were not issued against them. Learned advocate submitted that the State has been impleaded as opposite party only as a formal measure. At this juncture learned advocate for the petitioner submits that necessary order may be passed directing the learned Magistrate to hold enquiry in accordance with law.

Learned advocates appear for the State submitted that necessary order may be passed as may be deemed fit and proper. Considered the submission made by the learned advocate for both parties. Perused the application for revision and the impugned order. It appears from the petition of complaint that the person described as accused are all having addresses outside the jurisdiction of the court.

In the case of S.S. Binu V. State of West Bengal (2018 C.R.L.J. 3767), a Division Bench of this High Court held that it is mandatory for a Magistrate to hold inquiry under Section 202 Cr. P. C before issuing summons against the accused if he was living beyond the territorial jurisdiction of the Magistrate. Therefore, the learned Magistrate has properly ordered an enquiry under Section 202 of the Code of Criminal Procedure and there is nothing to interfere with the said order.

The revisional application is therefore, dismissed. Interim order, if any, is vacated. Learned Metropolitan Magistrate, 11th Court, Calcutta shall complete the inquiry in accordance with law and take appropriate steps on the basis of results of the inquiry. Interim order, if any, stands vacated. Connected application, if any, is also dismissed.

Let a copy of this order be sent to the Metropolitan Magistrate, 11th Court, Calcutta for information and necessary action. (Ananda Kumar Mukherjee, J.)