← Library
Calcutta High CourtCRR/1237/2022disposed

Bablu Ali Khan And ORS v. State Of West Bengal And ANR

2023-06-22Hon'Ble Justice Tirthankar Ghosh2 pages

54 22.06.2023 ss C.R.R. 1237 of 2022 Bablu Ali Khan & Ors.

Vs.

The State of West Bengal & Anr.

Mr. Sudip Ghosh Chowdhury ... ... for the petitioners Mr. Neguive Ahamed Ms. Trina Mitra ... ... for the State Affidavit of service filed by the petitioners be kept with the record.

Learned advocate appearing for the petitioners submits that prima facie no evidence has been made out so far as the petitioners are concerned and the lady has filed the present case pursuant to Talak being granted long ago.

Ms. Trina Mitra, learned advocate appearing for the State opposes the contentions advanced by the learned advocate for the petitioners for quashing of the proceedings.

I have considered the submissions of the learned advocates and I find that the documents under section 207 of the Code of Criminal Procedure are yet to be supplied to the present petitioners. Accordingly, the petitioners are granted liberty to take out application in the nature of section 239 of the Code of Criminal Procedure before the learned trial Court. Learned trial Court will dispose of the same in accordance with law without being influenced by any observations made by this Court while disposing of this revisional application.

With the aforesaid observations, CRR 1237 of 2022 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. (Tirthankar Ghosh, J.)