Ishita Mohanka v. State Of West Bengal And ORS.

22.03.2024 Serial no. 20 Dd CRAN 1 of 2024 in CRM 2138 of 2021 In Re : CRAN 1 of 2024 In the matter of : Ishitha Mohanka nee Saraf ... ... Petitioner Ms. Meenal Sinha, Ms. Kanchan Roy, Advocates ... ... For the Petitioner Ms. Z. N. Khan, Mr. Ashok Das, Advocates ... ...For the State Mr. Krishnendu Bhattacharjee, Mr. Avishek Guha, Advocates .. ...For the OP nos. 2, 3 and 4 Petitioner seeks recall of the order dated April 26, 2023 on the ground that, the application was disposed of in view of the police case being quashed by the Hon'ble Court. Learned advocate appearing for the petitioner submits that petitioner was not aware of the quashing of the police case. Subsequently, the petitioner approached the relevant Court and restored the police case.

Be that as it may, on April 26, 2023 when the order was passed by us, police case was quashed. Subsequent restoration of the matter may vest the petitioner before us with a fresh cause of action which the petitioner, if so advised may explore.

We find no reason to recall the order dated April 26, 2023. This order, however, will not prevent the petitioner before us from exercising such right as the petitioner is entitled to in law.

Signed By :

DEBABRATA DAS High Court of Calcutta 22 nd of March 2024 04:39:25 PM

CRAN 1 of 2024 is, accordingly, disposed of.

(Debangsu Basak, J.) (Md. Shabbar Rashidi, J.)