Nasiruddin Mallick v. Asnahar Bibi And ANR

C.R.R.490 of 2021 D/L15 13.12.2022 Bpg.

In Re: An application under Section 482 of the Code of Criminal Procedure, 1973 (as amended);

Nasiruddin Mallick

Versus

Asnahar Bibi and another The revisional application was preferred challenging the order dated 07.03.2018 passed by the learned Judicial Magistrate, 2nd Court, Krishnagar, Nadia in Misc. Execution Case No.119(iv) 2014.

The order dated 07.03.2018 passed by the learned Judicial Magistrate, 2nd Court, Krishnagar, Nadia reflects that the learned court fixed date for hearing of the petition and for depositing the payments. The present petitioner being the opposite party before the learned Magistrate prayed for time which was rejected by the learned court and warrant of arrest was issued. More than 41⁄2 years have passed since the impugned order was passed by the learned Judicial Magistrate, 2nd Court, Krishnagar, Nadia.

The revisional application appeared twice on 22nd February, 2021 and 3rd March, 2021. It is reflected from the order dated 3rd March, 2021 that there was a direction to deposit before the executing court a sum of Rs.20,000/-. No information has been furnished before this Court whether the earlier order has been complied by the present petitioner.

In view of the aforesaid, I am not inclined to interfere

with the proceedings pending before the learned Judicial Magistrate, 2nd Court, Krishnagar, Nadia.

Accordingly, the revisional application being CRR 490 of 2021 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. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)