Kanta Kothari v. Ratanlal Saha

C.R.R.824 of 2023 D/L35 23.08.2023 Bpg.

In Re: An application under Section 482 of the Code of Criminal Procedure;

Kanta Kothari

Versus

Ratanlal Saha Mr. Souma Subhra Ray Mr. Amarta Agarwal.

...for the petitioner.

Mr. Samrat Choudhury.

...for the opposite party.

The earlier order dated 13.06.2022 in CRR 747 of 2022 has not been complied with by the petitioner. Petitioner has again preferred this revisional application which is in respect of the same order. Ordinarily, this Court should not have interfered. However, as the petitioner has offered to deposit a sum of Rs.3,00,000/- within 18th September, 2023 before the learned trial court, this Court interferes in the matter.

In case the amount is deposited, the complainant will be at liberty to withdraw the same by taking out an appropriate application before the learned trial court. An affidavit be filed before the learned revisional court being the learned Additional District and Sessions Judge, 1st Fast Track Court, Calcutta. Learned revisional court would restore the revisional application being Criminal Revision No.277 of 2019 to its original file and number and hear out the revisional application on merits of the case. The same be disposed of by 31st December, 2023. In case the amount is

not deposited by 18th September, 2023, the learned trial court being the learned Metropolitan Magistrate, 20th Court, Calcutta would take steps in accordance with Section 421 of the Code of Criminal Procedure.

With the aforesaid observations, CRR 824 of 2023 is disposed of.

Pending application, if any, is consequently disposed of. 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.)