Mousumi Sarkar v. Manabenra Sarkar

16.05.2024 Sl. No.: 55 Court No.30 BM CRR 332 of 2022 Mousumi Sarkar Vs.

Manabendra Sarkar Mr. Shibaji Kumar Das Mr. Dipendu Sarkar ... for the petitioner 1.

Affidavit of service filed be kept with the record. 2.

In spite of service there is no representation on behalf of the opposite party.

3.

The present revision has been preferred against an order dated 12th January, 2022 passed by the learned Additional Chief Judicial Magistrate, Kalyani, District-Nadia in Misc. Crl. Case No.42 of 2020 being a proceeding under Section 125 of the Code of Criminal Procedure, 1973.

4.

It appears that the petitioner has not appealed against the said order before the appropriate forum and has chosen to invoke the revisional jurisdiction of this court. This practice should not be encouraged and accordingly, the petitioner is directed to file an appropriate application before the appellate authority being the Session Judge challenging the order under revision. Learned Session Judge shall consider the point of limitation from the date of the order of this court.

5. All applications connected thereto stand disposed of.

6. Interim order, if any, stands vacated.

7. Let a copy of the order be sent to the learned trial court for compliance.

8. Urgent Xerox certified copies of this order, if applied for, shall be supplied to the learned counsel for the parties as expeditiously as possible, in compliance of usual formalities. ( Shampa Dutt (Paul), J. )