CALCUTTA HIGH COURT
Bibhas Ranjan De, J
Nuddea Plantations Limited – Appellant
Versus
The State of West Bengal – Respondent
1. Both the parties to this revisional application are present before this Court.
2. This revisional application has been preferred, seeking to assail the impugned order of taking cognizance, which stands tainted by glaring non- compliance of mandate of Section 225 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (In short BNSS ).
3. Learned counsel appearing on behalf of the petitioner has submitted that Learned Magistrate did not comply with the mandate of Section 225 of BNSS , thereby directing enquiry as admittedly petitioner resides beyond the territorial jurisdiction of the Learned Trial Court.
4. In support of his contention, learned counsel appearing on behalf of the petitioner has relied on a case of Vijay Dhanuka ETC. versus Najima Mamtaj ETC. reported in (2014) 14 SCC 638
5. Per contra, learned counsel appearing on behalf of the opposite party No. 2 has relied on a case of Sunil Todi and others versus State of Guujarat & Anr. reported in 2021 SCC OnLine SC 1174 and submits that Learned Magistrate before taking cognizance examined witness on oath as well examined the documents filed by Firisti and after being satisfied took cognizance and issued process.
6. On careful peru
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