Goutam Pal v. Smt Rima Pal And ANR

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction 21-09-2022 Subha Item no.33 CRR 25 of 2021 Sri Goutam Pal -versus- The State of West Bengal & Anr.

Ct no.34 Mr. Rajdeep Majumder Mr. Moyukh Mukherjee .....for the petitioners.

Re : An application under Section 482 read with Section 401 of the Code of Criminal Procedure.

The revisional application was preferred challenging the order dated 01.02.2020 passed by the learned Chief Judicial Magistrate, Hooghly in M. C. Case No. 486 of 2017( arising out of Misc. Case No. 69 of 2005 and Misc. Execution Case No. 44 of 2018). .

The grievance of the petitioner is that in a case instituted under Section 127 of the Code of Criminal Procedure, the petitioner on the date fixed for argument filed an application for allowing him to adduce further evidence. The learned court on consideration of such prayer observed that the petitioner was behaving whimsically and the application under Section 127 of the Code of Criminal Procedure being filed in the year 2017 and substantial opportunity being granted, no further opportunity would be extended to the petitioner.

Thus, the learned Magistrate dismissed the prayer of the petitioner. Being aggrieved, the petitioner approached this court. I have considered the reasons so assigned by the learned Magistrate while dismissing the prayer in its order dated 01.02.2020. . Having regard to the reasons so assigned, I am of the opinion that no interference is called for by this court.

Accordingly, the revisional application being CRR 25 of 2021 is dismissed. Pending applications, if any, are consequently disposed of. Interim order, if any, is hereby vacated.

All concerned parties are to act in terms of a copy of this order duly downloaded from the official website of this court. [Tirthankar Ghosh, J]