Payal Srivastava (Nee Verma) vs State Of West Bengal & Ors
2022 Latest Caselaw 537 Cal

14.02.2022 IN THE HIGH COURT AT CALCUTTA Item No.3 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 1307 of 2018 (Via Video Conference)

Payal Srivastava (nee Verma) versus State of West Bengal & Ors.

In Re: An Application under Section 401 read with Section 482 of the Code of Criminal Procedure filed for challenging the order dated 02.02.2018 passed in Criminal Appeal No. 33 of 2017 confirming an order dated 07.12.2016 passed in A.C. Case No. 1751 of 2012 under the provisions of Protection of Women from Domestic Violence Act.

Mr. Tapan Dutta Gupta, Mr. Parvej Anam ... For the Petitioner.

Mr. Tapan Dutta Gupta, learned advocate appears on

behalf of the petitioner.

Record reflects that by an order dated 07.12.2016, the

learned Magistrate imposed costs of Rs.2000/- upon the

petitioner as repeatedly the petitioner was filing frivolous

application thereby disrupting the proceedings of the court in

a smooth manner. Against the said order, the petitioner

approached the learned sessions court in appeal and the

learned Additional District Judge, Fast Track, 1st Court,

Alipore, South 24-Parganas by a judgment and order dated

02.02.2018 in Criminal Appeal No. 33 of 2017 was pleased to

dismiss the same.

Almost six years have passed since the cost was

imposed upon the petitioner and the appeal court had the

opportunity to scrutinise the records. I do not find that any

issue has surfaced for interference in the order of appeal so

affirmed by the learned sessions court.

Accordingly, the revisional application being CRR 1307

of 2018 is dismissed.

Interim order, if any, is hereby vacated.

All pending connected applications, if any, are

consequently disposed of.

All parties shall act on the server copy of this order

duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied

for, be supplied to the parties upon compliance with all

requisite formalities.

(Tirthankar Ghosh, J.)