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Judgment
This revisional application has been filed against the order dated 13th January, 2017 passed by learned Judicial Magistrate, 1st Court at Sealdah in complaint case no. 480 of 2008 on the ground that despite having stay order learned Magistrate has imposed cost of Rs.5,000/- upon the petitioner.
As per the direction of this Court the petitioner has served notice upon the opposite party no. 2 through his learned Advocate, who has appeared on behalf of the opposite party no. 2 in the Court below. No one appears on behalf of opposite party no. 2. No one also appears on behalf of the State.
Learned Advocate appearing on behalf of the appellant contended that the entire proceeding being C case no. 480 of 2008 was challenged under Section 482 of the Code of Criminal Procedure before this Court and accordingly CRR No. 4067 of 2008 was instituted. In the said CRR 4067 of 2008 stay of all further proceedings in connection with case number C/480 of 2008 was ordered by learned Judge. The aforesaid stay order was ultimately made absolute in the hearing of the criminal revision being no. CRR 4067 on 2nd September, 2009 by this Court.
The factum of stay of such C case no. 480 of 2008 was duly communicated to learned Magistrate but learned Magistrate did not adhere to such communication and started proceeding with the case under reference and also imposed cost of Rs.5,000/- on 13th January, 2017. In that view of this case it is submitted that such order dated 13th January, 2017 be set aside and a fresh direction may be given to the learned Magistrate not to proceed with C case no. 480 of 2008 till the disposal of CRR 4067 of 2008. Admittedly, the proceeding being C case no. 480 of 2008 has been stayed till the final disposal of CRR 4067 of 2008, as it appears from the order dated 2nd September, 2009.
Presumably, for want of sufficient communication learned Magistrate tried to continue with the proceeding despite having such stay order. In that view of this case the order dated 13th January, 2017 passed by learned magistrate, 1st Court, Sealdah in C case no. 480 of 2008 is set aside.
In view of such stay order passed by this Court on 2nd September, 2009 the proceedings of C case no. 480 of 2008 shall remain stayed till final disposal of CRR 4067 of 2008.
This revisional application is thus disposed of. Let a copy of this order be forwarded to the learned Magistrate forthwith.
Department is directed to forward a copy of this order to learned Magistrate forthwith for his information and necessary action.
It may be mentioned here that any communication through learned Advocate has been accepted to be a good communication by our Apex Court. Learned Magistrate ought to have looked into such communication before taking any steps.
Moreover, with the support of technological knowhow learned Magistrate could have obtained actual information from the server of our Hon''ble High Court.
Learned Advocate for the petitioner is at liberty to obtain certified copy of this order and to communicate the same to the Court of learned Magistrate.
Urgent photostat certified copy of this order, if applied for, be given to the parties as expeditiously as possible.