SHYAM SUNDAR SINGH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Learned counsel appearing on behalf of the Petitioner/accused submits that by a judgment and order dtd. 7/5/2018 passed in Criminal Appeal No. 56 of 2016, the Learned Appellate Court below dismissed the appeal and affirmed the conviction and sentence passed under Sec. 401A KMC Act by the Learned Municipal Magistrate, 4thCourt, Kolkata in M/F No. 28 of 2015 but during pendency of the case, the Municipal Authority has regularised the unauthorized construction of additional floor made on the sanctioned building Plan of G+III.

(2.) It is further submitted that two separate appeals filed by the two accused persons being CRR No. 2033 of 2018 and CRR No. 2034 of 2018. Out of those two appeals, one appeal being CRR No. 2033 of 2018 has been disposed by co-ordinate Bench of this Court and thereby remanded the case back to the learned Municipal Magistrate, 4thCourt, Kolkata vide judgment and order dtd. 29/3/2022 with certain directions. The present petitioner is also standing in the same footing as such this instant case also may be remanded back for proper, fair and effective disposal of the main case.

(3.) On the other hand, learned counsels appearing on behalf of the State and Kolkata Municipal Corporation on their usual practice and candidly submitted similar judgment may be passed in this revisional application because the present petitioner is standing in the same footing as the other accused.