Suman Roy v. Sharmistha Roy

15-02-2022 Subha Item no. 46 Ct no.34

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction (Via video-conference) C.R.R 610 of 2019 With CRAN 1 of 2019( Old No. CRAN 2483 of 2019) In Re: An application under Section 482 of the Code of Criminal Procedure.

In the matter of : Suman Roy ...Petitioner. The subject matter of challenge in the revisional application relate to the order dated 26.12.2018 passed by the learned Principal Judge, Family Court, Calcutta in connection with Misc. Case No. 55 of 2014 under Section 125 Cr.P.C.

The petitioner preferred an application under Section 311 of the Code of Criminal Procedure thereby praying for recalling the wife/applicant, one Sharmistha Roy. To that effect, the petitioner submitted number of questions, which he intended to confront to the witness. The stage of the case at which the petitioner preferred such application is after whole of the evidence of the applicant as well as the opposite parties was complete and the arguments of the case were under progress. The nature of the questions which have been asked in the application as is revealed from the order dated 26.12.2018 is for the purpose of filling up of the lacunae of the case. Having regard to the same and the order, which has been passed with reasons by the learned Principal Judge, Family Court,

Calcutta, I am of the opinion that no interference is called for. Accordingly, the revisional application being CRR 610 of 2019 along with CRAN 2483 of 2019 is dismissed. All pending applications, if any, in connection with the revisional application, are consequently disposed of. Interim order, if any, is hereby vacated.

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]