Stay application in criminal revision

District : South 24 Parganas.

IN THE COURT OF THE LEARNED ADDITIONAL DISTRICT SESSION JUDGE AT BARUIPUR, SOUTH 24 PARGANAS.

{ Revisional Jurisdiction }

 

                                                          Cr. Motion no. _____________of 2017.

 

                                                          In the matter of :

An application under Section 399, and 397 of the Criminal Procedure Code’ 1973;

 

A N D

 

In the matter of :

An application for stay of the Criminal Case proceeding  in G. R. no. 997 of 2007, under Section 120B, 406, 467, 468, 469,  471, 474, and 423 of the Indian Penal Code’ 1860, before 1^st Court, Learned Additional Chief Judicial Magistrate, at Baruipur, South 24 Parganas, West Bengal;

 

A N D

An application for Stay

In the matter of :

Shri Krishnapada Mondal,

                             ______Defacto Complainant / Petitioner.

 

-         Versus –

 

 

Sri Rathikanta Mondal, and Others.

_________Accused / Opposite Parties.

 

The humble Criminal Revision Petition on behalf of the Defacto Complainant / Petitioner, most respectfully;

Sheweth as under :

 

1.    That the Defacto Complainant / Petitioner preferred the present Revisional application before the Hon’ble Court, against the order dated 17-07-2017, and consequently the order dated 18-08-2017, and 19-08-2017, in Sonarpur Police Station Case no. 304 of 2007, dated 20-06-2007, ( G. R. no. 997 of 2007 ), under Section 120B, 406, 467, 468, 469,  471, 474, and 423 of the Indian Penal Code’ 1860, passed by 1^st Court, Learned Additional Chief Judicial Magistrate, at Baruipur, South 24 Parganas, West Bengal.

 

2.    That on 17-07-2017, the Learned ACJM, at Baruipur, South 24 Parganas, filed for the present against the accused person Shri Nirod Baran, and consequently recorded about the death of the accused namely Radharani Kayal, Swapna Naskar, Molina Mondal, Nalina Naskar, and Debala Mondal, the date of death has not been properly recorded therein, However, the Learned ACJM, Baruipur, South 24 Parganas, and therefore the 19 ( nineteen ) accused persons out of the 25 ( twenty five ) accused persons thereby qualified for the charge as to the next stage in the criminal proceeding, and subsequently the said criminal case proceeding transferred to the Learned ACJM 1^st Court for disposal, and whereas the page of the order sheet does not contain any signature of the Learned Magistrate, and further whereas it has been appear as to 18-08-2017, and consequently cont. thereafter to the next page of the order sheet which shows as GR. 997 of 2007, Date : 17-07-2017, CR is received from GRO section for register in trial, today stands fixed for consideration of framing of charge, all the (25) accused persons is / are present and file hazira. Perused the report u/s 173 of Cr. P. C., submitting by the I.O. of this case. Hd. Ld. Advocate, for the accused person and the Ld. A.P.P. considered. It appear that there are sufficient materials to presume that the accused persons have committed the offences under Section 467/468/469/471/474/323/120B/406, of I.P.C. accordingly, the charge is framed against the accused persons for the offence under section 467/468/469/471/474/323/120B/406, of I.P.C. on a separate sheet of paper and is kept with the record. The contents of the charge was read over and explained to the accused persons to which they pleaded not guilty by saying “Nirdosh” and claimed to be tried. Fix 18-08-2017 for evidence. Issue summons upon CSW 1, 2.

 

3.    That it is pertinent  to state that the Learned Court of ACJM, Baruipur, and the 1^st Court of Learned ACJM, Baruipur, South 24 Parganas, is a same and identical Learned Court, presided over by the Learned Additional Chief Judicial Magistrate, at Baruipur, South 24 Parganas, and whereas at the first part of the order dated 17-07-2017, is directed for the charge by the next date as on 18-08-2017, against the 19 ( nineteen ) accused persons, before the Learned 1^st Court of the Judicial Magistrate, at Baruipur, South 24 Parganas, and in the Second part of the Order Sheet it is awesome found that the charge has been framed against the 25 ( twenty five ) accused persons, and the next date is fixed on 18-08-2017, for evidence and issued summons on CSW 1, 2, thereof.

 

4.    That on 18-08-2017, the evidence started and completed for the CSW 1 and 2, in presence of the accused persons, as appeared from the order sheet dated 18-08-2017, and the next date is fixed for the evidence as on 19-08-2017, consequently by the Learned Magistrate, but without any direction and or issuance of summons on CSW, thereafter.

 

5.    That on 19-08-2017, it has been appeared from the order dated 19-08-2017, as (19) accused are absent by petition, no PW, to 15-09-2017, for evidence, issue fresh summons upon CSW 3 & 4. Therefore, the order dated 18-08-2017, and 19-08-2017, drawn much apprehension in the conduct of judicial proceeding by the Learned Magistrate, and therefore starting from the order dated 17-07-2017, up till the order dated 19-08-2017, the defacto complainant while in receipt of the summons, enquire about and taken the certified copy of all order which obtain on 07-09-2017, and lost his faith thereby in the Learned Court of the Additional Chief Judicial Magistrate, at Baruipur, South 24 Parganas, as to get justice in terms of the prescribed provisions of the Law as well as in the factual circumstances including the circumstances of the Learned Court in dealing with the judicial proceeding, thereof, in abeyance of the interest of administration of justice, thereof.

 

6.    That the Defacto Complainant beg to states and submits that the defacto complainant reasonably and genuinely apprehend to get justice in terms of the facts and in terms of the prescribed provisions of the established law, in the 1^st Court of the Learned Additional Chief Judicial Magistrate, at Baruipur, South 24 Parganas, and therefore challenging the entirety and proprietary of the order dated 17-07-2017, and consequently the order dated 18-08-2017, and 19-08-2017, passed by the Learned 1^st Court of Additional Chief Judicial Magistrate, at Baruipur, South 24 Parganas, in GR no. 997 of 2007, before the Hon’ble Court, as to set aside the  order dated 17-07-2017, and consequently the order dated 18-08-2017, and 19-08-2017, passed by the Learned 1^st Court of Additional Chief Judicial Magistrate, at Baruipur, South 24 Parganas, in GR no. 997 of 2007, in the interest of administration of justice.

 

7.    That the Defacto Complainant beg to states and submits that in view of the facts and the circumstances, as stated herein above in the preceeding paragraph, this defacto complainant petitioner seeks to stay on further proceeding in criminal case no. being GR no. 997 of 2007, before 1^st Court of the Learned Additional Chief Judicial Magistrate, at Baruipur, South 24 Parganas, till disposal of the present revisional application, before the Hon’ble Court, in the interest of administration of justice.

 

8.    That unless the Hon’ble Court grant stay on further proceeding in criminal case no. being GR no. 997 of 2007, before 1^st Court of the Learned Additional Chief Judicial Magistrate, at Baruipur, South 24 Parganas, till disposal of the present revisional application, before the Hon’ble Court, the defacto complainant will highly prejudice and suffer with irreparable loss and injury.

 

9.    That the balance of convenience and inconveniences are in favour of the defacto complainant petitioner and the opposite parties will not prejudice, in any manner, whatsoever.

 

10.That this application for stay of the further proceeding in criminal case before the Learned Lower Court, during the pendency of the present revgisional application, made bonafide in the interest administration of Fair justice.

it is, therefore, prayed that Your Honour may graciously be pleased to grant stay on further proceeding in criminal case being GR no. 997 of 2007, before the 1^st Court of Learned Additional Chief Judicial Magistrate, at Baruipur, South 24 Parganas, till the disposal the present revisional application, in the interest of administration of justice, and or to pass such other necessary order or order,  or further order or orders as your Honour may deem fit and proper for the end of justice.

And for this act of kindness, the Petitioner, as in duty bound shall ever pray.

 

 

Verification

 

 

I, Shri Krishnapada Mondal, within named Defacto Complainant Petitioner, made this revision petition, and duly verified and sign on the _____________2017, at Baruipur Criminal Court.

 

 

 

 

Shri Krishnapada Mondal,

 

Identified by me,

 

 

Advocate.

Prepared in my Chamber,

 

 

Advocate.

 

Dated : ____________________2017.

 

Place : Baruipur, South 24 Parganas.

 

 

 

 

 

 

 

 

 

 

 

 

Affidavit

 

 

I, Shri Krishnapada Mondal, Son of Late Panchanan Mondal, aged about _______years, by faith Hindu, by Occupation daily labour, residing at Village – Khurigachhi, Post Office & Police Station – Sonarpur, District – South 24 Parganas, do hereby solemnly affirm and says as follows :

 

1 : That I am the Petitioner and as such I am fully conversant with the facts of the Case.

 

2 : That the facts stated in the above petition are true to the best of my knowledge and belief, and the rests are my humble submissions before the Learned Court.

 

 

 

Deponent

 

Identified by me,

 

 

Advocate.

Prepared in my Chamber,

 

 

Advocate.

Dated : ____________________2017.

Place : Baruipur, South 24 Parganas.

 

 

N O T A R Y