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Calcutta High CourtCRR/1061/2012disposed

Krishna Charan Ghosh v. Sohagi Ghosh @ Pal

2021-07-22Hon'Ble Justice Tirthankar Ghosh2 pages

22.07.2021 Item no.15 Ct. No.34 CHC C.R.R. No.1061 of 2012 IA NO: CRAN/1/2012 (Old No: CRAN/979/2012) (Via Video Conference) In Re: An application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973.

AND In the matter of:- Krishna Charan Ghosh ... petitioner Mr. Sattwik Bhattacharyya ...for the petitioner Learned advocate appearing for the petitioner submits that at the stage wherein the proceedings under Section 125 of the Code of Criminal Procedure was filed before the learned Magistrate one suit being O.S.125 of 2007 was pending before the learned Civil Judge (Junior Division), 1st Court, Kandi, Murshidabad. Learned advocate for the petitioner submits subsequently in 2013 the said suit has been decreed in favour of the petitioner. It is further submission of the learned advocate that the said order was brought to the notice of the learned Chief Judicial Magistrate, Murshidabad, however, till date no order has been passed by the said Court.

On consideration of the submissions made by the learned advocate appearing for the petitioner, I direct that in case, an application has been preferred alongwith the decree of the civil court, the learned Magistrate will take the same into consideration

and dispose of the same within a period of three months from the date of communication of this order.

With the aforesaid observations, C.R.R.1061 of 2012 is disposed of.

Pending application, if any, is consequently disposed of. Interim order, if any, is also vacated.

All parties shall act in terms of copy of this order downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)