Citation : 2021 Latest Caselaw 4929 Cal
Judgement Date : 20 September, 2021
D/L35 C.R.R. No.3009 of 2012 September (Via Video Conference) 20, 2021 Bpg.
In Re: An application under Section 397(1) read with Section 401 of the Code of Criminal Procedure, 1973 (as amended till to date).
Sri Utpal Biswas alias Moni Versus Sri Nirmal Sarkar alias Bacchu
The revisional application was preferred against the
judgment and order dated 18.06.2012 passed by the learned
Additional Sessions Judge, 6th Court, Paschim Medinipur in
Criminal Revision No.17 of 2012. By the said judgment, the learned
court was pleased to allow the revisional application in respect of an
order dated 20.09.2011 passed by the learned Judicial Magistrate,
5th Court, Paschim Medinipur in C.R. Case No.204 of 2009.
Records of the present revisional application reflect that
the matter appeared on 3.09.2012 before a co-ordinate Bench of
this Court when none appeared and the revisional application was
dismissed for default. Subsequently, the matter appeared on 8th
September, 2017 wherein the learned advocate appearing for the
petitioner was directed to submit the current status of the case
before the learned trial court on the next date fixed for hearing. The
revisional application has not been restored to its original file and
number.
Having regard to the time period which has passed in the
meantime since preferring the application against the particular
order of the learned revisional court, I am of the view that no
interference is required in this matter.
Accordingly, the revisional application being CRR 3009 of
2012 is dismissed on merits.
The trial court is directed to conclude the examination of
all the witnesses and pass the judgment if the same has not
delivered till date.
Pending application, if any, is consequently disposed of.
All parties shall act on the server copy of this order duly
downloaded from the official website of this Court.
(Tirthankar Ghosh, J.)
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