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Calcutta High CourtCRR/388/2012dismissed

Dr Subhra Kumar Mukhopadhyay v. Atul Kumar Chattopadhyay

2021-08-12Hon'Ble Justice Tirthankar Ghosh2 pages

C.R.R. No.388 of 2012 (Via Video Conference) D/L.16 A12.08.2021 Bpg.

Dr. Subhra Kumar Mukhopadhyay

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Atul Kumar Chattopadhyay The revisional application was preferred challenging the complaint case being Case No.C-860/08 dated 20.9.2008 under Sections 499/500 of the Indian Penal Code pending before the learned Chief Judicial Magistrate, 3rd Court, Asansol. Records of this revisional application reflect that on 1.3.2012 at the time of admission of the revisional application, the proceedings were directed to be stayed for a period of 12 weeks from the said date.

Today when the matter has been taken up, no information was furnished as to the present stage of the proceeding and record also reflects that there was no extension of the said interim order. Even the affidavit-of-service is not available before this Court.

Taking into account that the contention advanced in the revisional application which are issues in the nature of question of facts, I am of the view that no interference should be called for at this stage.

Accordingly, CRR 388 of 2012 is dismissed.

Pending application, if any, is consequently disposed of. Interim order, if any, is hereby vacated.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)