Citation : 2023 Latest Caselaw 2395 Cal
Judgement Date : 10 April, 2023
D/L34 C.R.R. No.1457 of 2021 10.04.2023
Bpg.
In Re: An application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973;
Debashis Roy Versus The State of West Bengal and others
The present revisional application was preferred
challenging the order dated 21.04.2021 passed by the learned
Additional District and Sessions Judge, 1st Court, Katwa, Purba
Bardhaman in Criminal Revision No.198 of 2020. In the said
revisional application, the learned sessions court was pleased to
affirm the judgment and order dated 08.09.2020 passed by the
learned Judicial Magistrate, 2nd Court, Katwa, Purba Bardhaman in
Misc. Case No.70 of 2016.
The application under Section 127 of the Code of
Criminal Procedure was filed by the present petitioner before the
learned Magistrate and the learned Magistrate after assessing the
materials placed at the instance of the present petitioner was
pleased to dismiss the same. Against the said order dated
08.09.2020, the petitioner preferred a revisional application being
Criminal Revision No.198 of 2020 and by a judgment and order
dated 21.04.2021 learned sessions court considered the reasons so
assigned by the husband in the application under Section 127 of
the Code of Criminal Procedure to reduce the amount.
Having regard to the facts being appreciated by the
learned trial court as well as the revisional court, I am of the
opinion that no fresh facts have been brought on record for
appreciation of the Hon'ble Court.
According, CRR 1457 of 2021 is dismissed.
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.
Urgent photostat certified copy of this order, if applied
for, be supplied to the parties upon compliance of all requisite
formalities.
(Tirthankar Ghosh, J.)
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