SALIL DUTTA Vs. SAJAL KUMAR BHOWMICK & ANR

JUDGEMENT

(1.) This is a revisional application filed against the order passed by the learned Metropolitan Magistrate, Sixth Court, Calcutta dated 10th December, 1998 in case No. C- 1068 of 1993 of that Court. The accused Salil Dutt filed a petition on 10th December, 1998 praying for an adjournment for a reason able time, at least for a period of three months, to enable him to get the benefit of the verdict of the Bar Council of India for the reason that the petitioner had filed a petition before the Bar Council of India, New Delhi being Case No. 5 of 1996 against the professional misconduct of the complainant, namely, Sajal Bhowmik, a professional misconduct of the complainant, namely, Sajal Bhowmik, a practising Advocate of Bankshall Court and this case before the learned Metropolitan Magistrate filed by Sajal Bhowmik was a counterblast and unless the said case pending before the Bar Council of India was disposed of, the case before the learned Metropolitan Magistrate could not be proceeded with. On this petition of the accused the impugned order was passed.

(2.) In the present revisional application the accused petitioner has challenged the said order of the learned Magistrate as erroneous and improper and has prayed for an order for quashing and/or setting aside the proceeding being Case No. C-1068 of 1993 pending before the learned Metropolitan Magistrate, Sixth Court, Calcutta or for transferring the same to some other Court of competent jurisdiction.

(3.) By the impugned order dated 10th December, 1998, the learned Metropolitan Magistrate adjourned the hearing of the case till 8th February, 1999 and he fixed that date for the purpose of bringing stay order or any other order, in default, for taking evidence.