CRR/5483/2024 on 30 December, 2024

Calcutta High Court (Appellete Side)

CRR/5483/2024 on 30 December, 2024

30.12.2024                         IN THE HIGH COURT AT CALCUTTA
 Sl. No.59                            Criminal Revisional Jurisdiction
akd/AP


                                          C. R. R. 5483 of 2024

             In Re: Rajesh Chowdhury
                                                                         ... ... Petitioner

                     Mr. Rajdeep Majumder .. Sr. Advocate
                     Mr. Pritam Roy
                     Mr. Soewel Bhattacharjee
                                               ... ... for the petitioner


             1.

Petitioner herein has filed the present revisional application being

an office bearer of a company with whom the wife of the complainant

had entered into an agreement on 17.05.2022. One Mr. Vikas Sanghi

had acted on behalf of the company and the complainant’s wife acted

on behalf of their proprietorship firm. The dispute in the present case

prima facie arises out of the said agreement.

2. Learned senior Counsel for the petitioner further submits that the

present case has been initiated on 13.11.2024 and as such has been

wrongly registered under the Indian Penal Code and not under the

Bharatiya Nagarik Nyaya Sanhita, 2023 which came into effect on July,

2024.

3. The revisional application is required to be heard.

4. There shall be stay of the impugned proceeding being G.R. Case

No.1551 of 2024 arising out of Electronic Complex Police Station

(ECPS) Case No.234 of 2024 dated 13.11.2024 under Sections

420/406 of the Indian Penal Code pending before the learned Additional

Chief Judicial Magistrate, Bidhannagar, North 24-Parganas till

24.02.2025 or until further orders, whichever is earlier.

5. Petitioner is directed to effect service upon the opposite party

no.1 through the learned Public Prosecutor, High Court, Calcutta and

upon the opposite party no.2 through Registered Speed Post with
2

Acknowledgment Due and file affidavit-of-service on the next date of

hearing.

6. Liberty is given to the parties to apply for extension and/or

modification and/or variation of this order upon notice to the other side.

7. Let the matter appear before the Regular Bench.

8. All parties shall act on a server copy of this order duly

downloaded from the official website of this court.

[Shampa Dutt (Paul), J.]