Sri Sasti Gayen vs. Protima Dutta

IN THE SUPREME COURT OF INDIA CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO(S). 179 OF 2017 (Arising out of SLP (Crl.) No. 821 of 2017) (Arising out of SLP(Crl.) Crl.M.P. No.1083/2017)

SASTI GAYEN ...APPELLANT(S)

VERSUS

PROTIMA DUTTA & ORS. ...RESPONDENT(S)

O R D E R

1. Application seeking permission to file special leave petition is allowed.

2. Leave granted.

3. As all the contesting parties are before us, we are inclined to pass final orders in the matter.

4. On due consideration and taking into account the order of acquittal passed by the learned trial Court, which is presently under challenge in the High Court, we are of the view that the said appeal shall be heard in the first instance and, thereafter, if required the writ petition seeking order for further investigation by the CBI may be considered by the High Court.

5. With the aforesaid modification of the order of the High Court the appeal is allowed.

....................,J.

(RANJAN GOGOI)

....................,J. (ASHOK BHUSHAN)

NEW DELHI JANAUARY 27, 2017 ITEM NO.15 COURT NO.3 SECTION IIB

S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS

Petition for Special Leave to Appeal (Crl.)...CRLMP No.1083/2017

(Arising out of impugned final judgment and order dated 04/01/2017 in WP No. 12526/2012 passed by the High Court of Calcutta)

SASTI GAYEN Petitioner(s)

VERSUS

PROTIMA DUTTA & ORS Respondent(s)

(with appln. (s) for permission to file SLP)

Date : 27/01/2017 This petition was called on for hearing today.

CORAM :

HON'BLE MR. JUSTICE RANJAN GOGOI HON'BLE MR. JUSTICE ASHOK BHUSHAN

• For Petitioner(s) Mr. Gopal Subramanium, Sr. Adv. Mr. B.K. Sharma, Sr. Adv. Mr. Pijush K. Roy, Adv. Ms. Kakali Roy, Adv. Mr. Rajan K. Chourasia,Adv. For Respondent(s) Mr. Krishnayan Sen,Adv. Mr. Uddyam Mukherjee, Adv.
  • Mr. Sabyasachi Chatterjee, Adv.

Mr. P.S. Narsimha, Sr. Adv.

• Mr. Parijat Sinha,Adv.
  • Ms. Reshmi Rea Sinha,adv.
  • Mr. Joydeep majumdar, Adv.
  • Mr. Debajoyti Bhattacharya, Adv.
  • Mr. Rohit Dutta, Adv.

UPON hearing the counsel the Court made the following O R D E R

Application seeking permission to file special leave petition is allowed.

Leave granted.

The appeal is allowed in terms of the signed order.

Pending application(s), if any, stand disposed of.

(Neetu Khajuria) Court Master (Asha Soni) Court Master

(Signed order is placed on the file.)