Dr. Soumya Saha vs The State Of West Bengal & Ors
2022 Latest Caselaw 3572 Cal

24.06.2022
Item No.21
 Suman
  Ct.42


                                      CRR 1789 of 2022

                                  Dr. Soumya Saha
                                         Vs.
                            The State of West Bengal & Ors.


                  Mr. Manjit Singh
                  Mr. Gaganjyot Singh
                  Mr. Biswajit Mal
                              ...for the petitioner


                  The    petitioner    being   the     ex-husband    of    the

             opposite party No.2 has preferred the instant criminal

             revision challenging the legality, validity and propriety

             of    the    order   passed   by    the    learned    Additional

             Sessions Judge, First Court, Hooghly in Criminal

             Appeal No.07/2021 affirming the order dated 22 nd

             July, 2021 passed by the learned Additional Judicial

             Magistrate,      First    Class    at   Chinsurah      in    M.C.

             No.139/2019 is a proceeding under Section 340 of

             the Code of Criminal Procedure filed by the petitioner

             with an allegation that the opposite party Nos. 2 and

             3 committed an offence of perjury in course of a

             judicial proceeding under Section 125 of the Code of

             Criminal Proceeding being M.C. No.113 of 2015.

                  Mr.    Manjit   Singh,   learned      advocate    for    the

             petitioner has drawn my attention to a specific
                       2




paragraph of the impugned judgment where the

learned Judge in the Appellate Court observed that

there is prima facie material to come to conclusion

that respondent No.2 has deposed falsely on oath and

she did so intentionally. Even after such observation

being made by the Court of appeal the petitioner has

raised a pertinent question as to why the proceeding

under Section 340 of the Code of Criminal Procedure

was not allowed against the opposite party Nos. 2

and 3.

The petitioner is directed to serve notice upon the

opposite party Nos. 2 and 3 under registered speed

post with A/D and to the State of West Bengal by

hand service in the office of the learned Public

Prosecutor, High Court, Calcutta.

The petitioner shall file affidavit of service within a

fortnight.

The matter to appear under the heading "Listed

Motion" in the month of July, 2022.

(Bibek Chaudhuri, J.)