Amitava Ghosh vs Unknown
2021 Latest Caselaw 5874 Cal

29.11.2021

SB

CRR 2321 of 2021

In the matter of : Amitava Ghosh

Mr. Uday Shankar Chatterjee Mr. Santanu Majhi Ms. Snigdha Saha Mr. Pronay Basak .... For the Petitioner

This is an application challenging an impugned appellate

judgment and order dated April 19, 2021 passed by the learned

Additional Sessions Judge, (Fast Track) 3rd Court, Basirhat, North

24 Parganas in Criminal Appeal No. 2 of 2018.

Learned counsel appearing on behalf of the petitioner

submits as follows. The petitioner is the former husband of the

opposite party. The marriage between the couple took place in

2007. The opposite party filed a criminal case, inter alia, under

Section 498A against the petitioner. The petitioner was acquitted in

this case on 31.01.2018. Thereafter, in 2019 this Court, sitting in

appeal, granted a decree of divorce to the petitioner. The present

proceeding under the provision of POCSO Act was initiated by the

opposite party in the year 2017. This is a complete abuse of the

process of the Court. No prima facie case is made out. The

application for non maintainability filed before the learned Trial Court

was turned down and the learned Appellate Court affirmed the

order.

Let the petitioner serve a copy of this application upon the

opposite party by speed post with acknowledgement due, within a

week from date. An affidavit of service to that effect shall be filed on

the next date of hearing.

Let this matter appear in the list under the same heading

'Listed Motion' two weeks hence.

Urgent photostat certified copy of this order may be supplied

to the parties expeditiously, if applied for.

(Jay Sengupta, J.)