← Library
Calcutta High CourtCRR/335/2013dismissed for default

Nilima Ghosh v. State Of West Bengal & ANR

2022-03-11Honble Justice Ananda Kumar Mukherjee2 pages

11.03.2022 S/L No.3 KS C.R.R. 335 of 2013 With IA No. CRAN 1 of 2013 (Old No. CRAN 3388 of 2013) Nilima Ghosh -Vs.- The State of West Bengal & Anr.

Mr. Binoy Kumar Panda Mr. Pravas Bhattacharya .....for the State The revisional application is listed today for hearing. None appears for the petitioner and opposite party no.2. Learned advocates for the State are present.

On 08.02.2022 status report was called for from the concerned Learned Magistrate regarding the progress of the case. As per the report submitted by Learned Judicial Magistrate, 1st Court, Howrah duly forwarded by the District Judge, Howrah through Learned Registrar Administration (L & OM), it appears that Complaint Case No.252C of 2007 is being proceeded with and evidence before charge has been completed. It also appears that the petitioner and the opposite party herein are repeatedly seeking adjournment before the Trial Court for which the trial could not be concluded. The report is taken on record.

The petitioner filed this application under Article 227 of the Constitution of India praying for quashing of order dated 03.08.2012 whereby Learned Magistrate rejected the prayer for exhibiting and admitting the "Angikar Patra" in evidence.

I have considered the impugned order which points out several incongruities in the document and he has reasoned out why the same cannot be admitted. I do not find any illegality in the order impugned. However, as the petitioner has not appeared before the Court on consecutive dates, the revisional application is dismissed for default and accordingly disposed of.

Pending application, if any, stands disposed of. Let a copy of this order be sent to Learned Judicial Magistrate, 1st Court, Howrah for information.

(Ananda Kumar Mukherjee, J.)