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Calcutta High CourtCRR/907/2021disposed

Banamali Das v. State Of West Bengal

2023-01-19Hon'Ble Justice Tirthankar Ghosh2 pages

C.R.R.907 of 2021 D/L19 19.01.2023 Bpg.

In Re: An application under Section 401 read with under Section 482 of the Code of Criminal Procedure, 1973;

Sri Banamali Das

Versus

The State of West Bengal Mr. Anwar Hossain, Ms. Ratna Ghosh.

...for the State.

The present revisional application has been preferred challenging the order dated 19.03.2021 passed by the learned Additional Chief Judicial Magistrate, Kakdwip, 24 Parganas (South) in connection with Pathar Pratima Police Station Case No.82 of 2021 dated 13.03.2021.

The subject-matter of the revisional application relates to a grievance regarding the custody of the minor girl. The said order was passed on 19th March, 2021. The order dated 12.04.2021 passed by a co-ordinate Bench of this Court do not reflect any interim order.

As none appeared on behalf of the State, Mr. Anwar Hossain, learned advocate, who ordinarily appears on behalf of the State, is directed to appear and represent the State. His appointment may be regularised by the concerned authorities. Having considered the subject-matter of the revisional application, I am of the opinion that there is bound to be change of circumstances. In case there are no change of circumstances, the

petitioner and/or any other person related to the victim girl may file an appropriate application before the learned ACJM, Kakdwip. The learned ACJM, Kakdwip would consider the same and dispose of the same afresh in accordance with law.

With the aforesaid observations, CRR 907 of 2021 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.)