Kalyan Krishna Nandi v. Nita Nandi (Mani) And ANR

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction 05-01-2024 Subha Item no. 14 Ct no.34 CRR 842 of 2022 Sri Kalyan Krishna Nandi.

-versus- Smt. Nita Nandi Mani and anr.

Mr. Kalyan Krishna Nandi .....petitioner appearing in person.

Affidavit of service so filed by the petitioner be kept with the record. Supplementary affidavit so filed by the petitioner be also kept with the record.

Supplementary affidavit reflects that the learned Additional District and Sessions Judge, 2nd court, Barrackpore was pleased to dismiss the revisional application on merits. The present petitioner has approached this court for restoration of the revisional application as he could not appear on the said date. In view of the orders so passed by the learned sessions court on merits, I am of the opinion that without any question of law being involved it is very difficult for this court to deal with the matter which was dismissed on merits by the learned sessions court in a revisional application which was dealing with provisions of Section 125 of the Code.

Having considered that the order was passed on 16th February, 2022 and more than 22 months have passed since then, I do not intend to revert the clock. If the petitioner finds that there

have been change of circumstances pursuant to the order passed by the learned sessions court in criminal revisional application no. 104 of 2019, he would be at liberty to challenge the last of such order of the learned Magistrate who is in seisin of the matter in connection with M. Case No. 521 of 2016.

With the aforesaid observations, the revisional application being CRR 842 of 2022 is disposed of.

Pending applications, if any, are consequently hereby disposed of.

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]