Harsh Bhuwalka vs Sanjay Kumar Bajoria

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(SC) 897

DIPANKAR DATTA, PRASHANT KUMAR MISHRA
Harsh Bhuwalka – Appellant
Versus
Sanjay Kumar Bajoria – Respondent

Advocates appeared:
For Petitioner(s) Mr. Siddharth Bhatnagar, Sr. Adv. Ms. Sonia Dube, Adv. Mr. Shatadru Chakraborty, Adv. Ms. Kanchan Yadav, Adv. Mr. Tanishq Sharma, Adv. Ms. Saumya Sharma, Adv. Ms. Pracheta Kar, Adv. Mr. Aditya Sidhra, Adv. Mr. Nadeez Afroz, Adv. M/S. Legal Options, AOR

ORDER :

1. By the impugned judgment and order dated 5th August, 2021 (impugned order, hereafter), the High Court of Judicature at Calcutta dismissed an application (CRR No.507 of 2012) under Section 482 of the Code of Criminal Procedure, 1973 (Cr. PC, hereafter) preferred by the petitioners. The High Court was of the opinion that the respondent in the said application as the complainant having approached the jurisdictional Magistrate with a complaint under Section 200, Cr. P.C., he ought to be permitted to adduce evidence before charge is framed for arriving at a proper finding regarding the allegations.

2. This special leave petition dated 25th June, 2024 was presented on 11th July, 2024. Since the special leave petition was barred by time by 774 days, the petitioners applied for condonation of delay (I.A. No.158709 of 2024).

3. The petitioners also applied for exemption from filing the certified copy of the impugned order (I.A. No.158707 of 2024). It is stated in paragraph 3 thereof as under:

“3. That the petitioners have applied for the certified copy of the order dated 5.08.2021 (“impugned order”) passed by the Hon’ble High Court of Judicature at Calcutta in CRR No.507 of 2012. How

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