Akhilesh Singh v. The Deputy Director Of Income Tax

C.R.R.4680 of 2023 D/L32 05.01.2024 Bpg.

In Re: An application under Section 483 of the Code of Criminal Procedure, 1973;

Akhilesh Singh

Versus

The Deputy Director of Income Tax (INV), Unit 3(4)-Kolkata Mr. Milon Mukherjee Mr. Biswajit Manna.

...for the petitioner.

Mr. Dhiraj Trivedi, Ld.D.S.G.I.

...for the opposite party.

Mr. Milon Mukherjee, learned senior advocate appearing on behalf of the petitioner submits that a discharge application has been preferred in connection with Complaint Case No.345 C/2023. Mr. Dhiraj Trivedi, learned DSGI, appears on behalf of the opposite party.

Records reflect that the written objection is yet to be filed by the Central Agency.

The next date is fixed on 15th January, 2024 before the learned CJM, Howrah.

The previous orders, as pointed out by the learned senior counsel appearing on behalf of the petitioner, reflect that regularly the court of the learned CJM, Howrah is presided by a Judicial Magistrate-in-Charge.

In view of the regular CJM not being available as is reflected from the last few orders, I direct that on 15.01.2024 the

learned CJM, Howrah or any Judicial Magistrate-in-Charge exercising the powers of the learned CJM, Howrah would transfer the case to a court where Presiding Officer is available. Written objection be filed at the earliest by Income Tax Authorities.

The transferee court would try to dispose of the said application within 60 days from the date of filing of the written objection by the Income Tax Authorities.

With the aforesaid observations, CRR 4680 of 2023 is disposed of.

Pending connected application, if any, is consequently disposed of.

All 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 of all requisite formalities.

(Tirthankar Ghosh, J.)