Md. Nizamuddin vs Om Prakash Shaw - 2024 Supreme(Cal) 514

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2024 Supreme(Cal) 514

BIBHAS RANJAN DE
Md. Nizamuddin – Appellant
Versus
Om Prakash Shaw – Respondent

Advocates Appeared:
For the Appellant : Mr. Subir Banerjee, Mr. Tanweer Ahmed Khan.
For the Opposite Party : Mr. Dipanjan Dutta, Mr. Surojit Saha.

JUDGMENT :

Bibhas Ranjan De, J.

1. Petitioner claiming to be a senior citizen invoked provision of Section 378 (4) of the Code of Criminal Procedure (for short CrPC) by filing a special leave petition to file appeal against the order of discharge of the opposite party (for short O.P) herein passed by Learned Additional Sessions Judge, 6th Court, Alipore on 30.03.2023.

2. Petitioner initiated a criminal proceeding on complaint against O.P herein who is a Public Officer before the Court of Learned Additional Chief Judicial Magistrate, Alipore who, in turn, transferred the same to the Ld. 6th Judicial Magistrate, Alipore where O.P filed one application for discharge on the ground of non –compliance of the provision of Section 197 of CrPC. Ld. Magistrate rejected the same and opposite party assailed the order of rejection before the court of Ld. Session Judge, Alipore by filing a criminal motion being no. 259 of 2022 which was then transferred to the Ld. Additional Sessions Judge, 6th Court, Alipore.

3. The said criminal motion was disposed of by an order of discharge of the O.P from the criminal proceeding being AC case no 1505 of 2020 and as a sequel order of Ld. Magistrate was set aside