Tapan Mukherjee And Anr vs The State Of West Bengal And Anr
2023 Latest Caselaw 294 Cal

Form J(1)         IN THE HIGH COURT AT CALCUTTA
                     Criminal Revisional Jurisdiction
                                Appellate Side


Present :
The Hon'ble Justice Bibek Chaudhuri

                                CRR 4063 of 2022


                             Tapan Mukherjee and Anr.
                                       Vs.
                          The State of West Bengal and Anr.


       Mr. Krishnendu Bhattacharya
       Mr. Priyankar Ganguly
       Ms. Shalini Bairagi
                   ..for the petitioner


Item No. 26.


Heard & Judgment on:            10.01.2023


Bibek Chaudhuri, J.

The petitioners are the uncle-in-law and aunt-in-law of the

opposite party No.2 on whose instance the petitioners are

implicated in a case under Section 12 and other cognate

provisions of the Protection of Women from Domestic Violence

Act.

It is submitted by the learned advocate for the petitioner

that the opposite party No.2 practically did not make any

allegation against the petitioners of committing domestic

violence upon her. They were unnecessarily joined as opposite

parties. They raised the said issue before the learned Sessions

Judge in Criminal Appeal No.134 of 2022. The learned Sessions

Judge-in-charge, Alipur admitted the said appeal and, however,

refused to grant any order of stay.

I have heard the learned advocate for the petitioner.

Further proceedings in connection with AC 2090 of 2020 be

stayed qua the present petitioner only till the disposal of

Criminal Appeal No.134 of 2022. The learned Sessions Judge,

Alipur is requested to dispose of the appeal expeditiously and

preferably within six months from the date of communication of

this order.

With the above order, nothing remains in the instant

revision.

Accordingly, the instant revision is disposed of.

The petitioner is at liberty to act on the server copy of this

order.

(Bibek Chaudhuri, J.)