Ashok Kumar Turakhia v. State Of West Bengal And ANR

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction 10-01-2023 Subha Item no.49 Ct no.34 CRR 831 of 2021 Ashok Kumar Turakhia -versus- The State of West Bengal & Anr.

Re : An application under Section 482 read with Section 401 of the Code of Criminal Procedure.

Mr. Prasun Kumar Datta, ld. APP, Mr. Md. Kutubuddin Mr. Santanu Deb Roy .....for the State.

This revisional application has been preferred challenging the order passed by the learned Additional District and Sessions Judgge, 8th Court, Alipore, South 24 Parganas in Criminal Motion No. 357 of 2019.

The subject matter of the said revisional application related to the order dated 11.09.2019 passed by the learned Executive Magistrate, 1st Court, Alipore in connection with Misc. Case No. 25 of 2012.

Having considered the order dated 11.09.2019 passed by the learned Executive Magistrate, 1st Court, Alipore, I am of the opinion that interference so made passed by the learned Executive Magistrate was temporary in nature.

The subject matter relates to civil disputes which are tobe adjudicated by the appropriate forum.

In view of the passage of time passed in the meantime, I am of

the opinion that Misc. Case No. 25 of 2012 has become infructuous. The said proceedings, as such, are hereby quashed. Parties would be at liberty to approach appropriate civil court for their remedies. With the aforesaid observations, the present revisional application being CRR 831 of 2021 is disposed of. Pending applications, if any, are consequently 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]