Maqusood @ Muksud Alam @ Maqsud Alam v. Izharun Khatoon

13.4.2023 AB Ct. No.236 CRR 905 of 2009 In the matter of : Maqusood @ Muksud Alam @ Maqsud Alam. Ms. Susmita Das ..... for the petitioner Ms. Susmita Das, learned counsel is appearing on behalf of the petitioner. It is submitted that despite notice being served the petitioner does not contact with Ms. Das. This criminal revisional application challenges the order passed by learned Additional Chief Judicial Magistrate, Islampur in a proceeding under Section 125 of the Code of Criminal Procedure.

On 29th April, 2009 the petitioner was directed to serve copy upon the opposite party under Registered post with Acknowledgment Due and to file affidavit of service. That order was not complied with as it appears from the record itself. No order of stay was granted. Under such circumstances, there is every reason to presume that the proceeding has reached its logical conclusion over the last 14 years. Considering the conduct of the petitioner as well as non-compliance of the order of the Court I am inclined to dismiss the application. There shall however be no order as to costs.

Let a copy of the order be sent down to the learned Trial Court for information and necessary action. (Siddhartha Roy Chowdhury, J.)