Shrimati Kajari Bagchi vs Shyam Sundar Karfa & Ors
2022 Latest Caselaw 3660 Cal

27.06. 2022 item No.42 n.b.

ct. no. 40 CRR 2777 of 2011

Shrimati Kajari Bagchi

-Vs-

Shyam Sundar Karfa & Ors..

Mr. Jayanta Narayan Chatterjee, Mr. Nazir Ahmed, Ms. Moumita Pandit ..... for the Private Opposite Party. Mr. Imtiaz Ahmed, Ms. Shaila Afrin, Mr. Samrat Pal ... for the State.

None appears on behalf of the petitioner.

Mr. Ahmed, learned advocate appears for the State

in this case.

Mr. Chatterje, leaned advocate appears on behalf of

the private opposite party.

The instant application is preferred against the

Judgment and Order dated 29.6.2011 passed by the

Learned Additional District and Sessions Judge, Fast

Track-X Court, Alipore, 24 Parganas(South) in Criminal

Appeal No. 74 of 2010 affirming the Judgment and Order

dated 19.7.2010 passed by the Judicial Magistrate, 7 th

Court at Alipore in connection with A.C. Case No.684 of

2010 whereby the petitioner filed an application under

Section 12 of Protection of Women from Domestic Violence

Act, 2005 was held to be not maintainable against the

person named therein. The original order was passed by

the Judicial Magistrate was subject to scrutiny by the

Appellate Court. This Court loath to interfere into orders

so scrutinized except for strong reasons.

On perusal of the order passed by the Judicial

Magistrate, 7th Court, Alipore dated 19.7.2010 as well as

the Judgment of the Appellate Court dated 29.6.2011, it

appears that there is no miscarriage of justice or

misapplication of law or any error apparent on the fact of

the record warranting interference of this Court.

Accordingly, the instant application is dismissed on merit.

(Sugato Majumdar, J.)