Nymphaea Rubra Paul v. State Of West Bengal And ANR

19.06.2024 rc/ct.no.34 Item No.11 CRR No. 5 of 2024 with CRAN No. 1 of 2024 In the matter of : Nymphaea Rubra Paul .......Petitioner Ms. M. Palara ...for the Petitioner Mr. Debasish Roy Ms. Sreyashee Biswas ...for the State Affidavit of service filed in Court today is taken on record. None appears for the 2nd opposite party despite service. The petitioner is the defacto complainant in connection with the Regent Park Police Station Case No. 100 of 2016 under Section 448 of the Indian Penal Code which is pending before the learned Judicial Magistrate, 3rd Court, Alipore. The 2nd opposite party filed an application praying for his discharge from the case before the learned trial court which being turned down by the learned court, he preferred a revision before the learned Sessions Court which was turned down.

The opposite party has reiterated his prayer before the learned trial court in course of the proceedings which was turned down by the learned court. Opposite party has filed a revisional application before the learned Sessions Judge, Alipore without impleading the petitioner as a party therein. The revisional application is pending for which trial cannot be proceeded with by the learned trial court.

The petitioner seeks expeditious disposal of the revisional application upon impleading her as party thereto. The innocuous prayers made by the petitioner are allowed. Since the petitioner is the defacto complainant of the criminal case pending before the learned trial court, she be added as an opposite party in the revisional application pending before the learned Sessions Judge. This Court is informed that the next date fixed before the learned Sessions Judge is on August 05, 2024. The learned revisional court shall hear the petitioner and the opposite party herein and dispose of the revisional application within two months from the next date fixed for hearing before the learned court, in accordance with law.

The instant revisional application being CRR No. 5 of 2024 along with the connected application being CRAN No. 1 of 2024 are 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 with all requisite formalities.

(Suvra Ghosh,J)