Soumen Sardar vs The State Of West Bengal & Anr
2023 Latest Caselaw 1948 Cal

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


Present :
The Hon'ble Justice Bibek Chaudhuri

                            CRR 431 of 2022

                              Soumen Sardar
                                      Vs.
                       The State of West Bengal & Anr.


Ms. Barnali Saha
Mr. Shankha Shubhra Mukherjee
      ..for the petitioner

Item No. 36


Heard & Judgment on:         23.03.2023


Bibek Chaudhuri, J.

The only grievance of the petitioner is that due to misplacement

or loss of the record of Complaint Case No. 3708 of 2011 being

proceeded under Section 12 of the Protection of Women from

Domestic Violence Act, 2005, further proceeding of the said case

cannot be conducted and the petitioner is compelled to go on paying

interim monetary allowance in favour of the opposite party which was

granted in 2016 on suppression of fact that the opposite party has

independent income as a nurse working in a hospital. The main

grievance of the petitioner is that the petitioner wants early disposal

of the above mentioned case pending before the learned Judicial

Magistrate, 6th Court at Alipore. However, for misplacement or loss of

record, hearing of the case is in halt.

In view of such circumstances, the learned Chief Judicial

Magistrate at Alipore is directed to obtain permission of the learned

Sessions Judge, South 24 Parganas to reconstruct the record if the

record is not available within three weeks from the date of

communication of this order. For the reconstruction he is at liberty to

issue notice upon the learned advocate for the parties and obtain

necessary documents from them. After reconstruction of record, the

reconstructed record shall be sent immediately to the learned Judicial

Magistrate, 6th Court at Alipore for commencement of further hearing

of the matter.

The instant revision is, thus, disposed of.

(Bibek Chaudhuri, J.)