DINESH DALMIA Vs. COMMISSINER OF POLICE KOLKATA

JUDGEMENT

(1.) These two writ applications are taken up for hearing analogously. Originally these writ applications were filed before High Court at Judicature of Madras. In the both the two writ petitions the petitioners is the same person. The writ petition No. W.P. 1583 of 2004 was registered by the Registry of Calcutta High Court, which was originally filed in Madras High Court being W.P. No. 44714 of 2002 and the writ petition No. W.P. 1584 of 2004 was registered by the High Court at Calcutta, which was originally filed in the High Court at Madras being W.P. No. 44701 of 2002. In W.P. 1583 of 2004, the petitioner has prayed for quashing of his name from the First Information Report wherein his name appears in the status of accused in Park Street Police Station/D.D. Case No. 300 dated 23rd September, 2001 under Section 120B/420/409/385/511, I.P.C. and in the writ petition W.P. 1584 of 2004 petitioner has prayed for quashing of his name from the First Information Report wherein his name appears as accused in Hare Street Police Station/D.D. Case No. 476 dated 24th September, 2002 under Section 120B/420/409/467/468/471/477A, I.P.C.

(2.) In the High Court at Madras in the said writ petitions petitioner prayed for an interlocutory order restraining the respondents from arresting the petitioner in connection with the said two cases. Subsequently, by the order dated 28th March, 2003 both these writ petitions were dismissed on the sole ground of lack of territorial jurisdiction of that Court by Hon'ble Mr. Justice P. Sathasivam of High Court at Madras. The two writ appeals were preferred being Nos. 1737 and 1738 of 2003 assailing the said order of His Lordship P. Sathasivam before the Hon'ble Division Bench of Madras High Court by the accused writ petitioner Dinesh Dalmia, Said two appeals were taken up for admission by the said Division Bench of Madras High Court on 27th June, 2003 when an interim order dated 27th'June, 2003 restraining the respondents to arrest the writ petitioner accused Dinesh Dalmia was passed. The respondents filed affidavit-in-opposition before the Hon'ble Division Bench with reference to the said two appeals and prayed for setting aside the interim order dated 27th June, 2003. On 11th July, 2003 the Division Bench of Madras High Court adjourned the matter till 27th August, 2003 and at this juncture on 25th July, 2003 Special Leave Petitions being No. 15629 and 15630 of 2003 were filed assailing the interim order dated 27th June, 2003 passed by the Hon'ble Division Bench of Madras High Court aforesaid. On 29th July, 2003 interlocutory applications were filed praying transfer of both the said two appeals as filed by the accused writ petitioner Dinesh Dalmia in the High Court at Madras to Calcutta High Court before the Supreme Court of India. On 8th December, 2003 the Hon'ble Supreme Court of India stayed the operation of the order dated 27th June, 2003 passed by the Division Bench of Madras High Court. This order was subsequently clarified on 12th January, 2004 by the Apex Court to this effect: "It is clarified that by interim order dated 8th December, 2003, police investigation was not stayed and the same shall continue". On 8th March, 2004 the Hon'ble Division Bench of the Apex Court consisting of the Hon'ble Mr. Justice S. Rajendra Babu and the Hon'ble Mr. Justice G. P. Mathur was pleased to transfer both the said two writ petitions as originally filed before the High Court at Madras to the High Court at Calcutta for decision on merit upon passing the direction that the interim order dated 8th December, 2003 along with the order dated 12th January, 2004 would continue to operate until the High Court at Calcutta considers prayer of interim relief and/or passes any appropriate order by adjudicating writ petitions on merit as the case may be.

(3.) The transferred writ petitions ultimately were registered in the High Court at Calcutta being W.P. No. 1583 and 1584 of 2004 respectively as already mentioned. On 17th December, 2004 these two writ petitions were listed before the Hon'ble Justice Pinaki Chandra Ghose of High Court at Calcutta, when His Lordship was pleased to release those matters on personal ground. Thereafter, both the two writ petitions were assigned before this Court by the Hon'ble The Chief Justice of High Court, Calcutta.