Ashirvad Choudhury And Others v. State Of West Bengal And ANR

28.03.2024 Serial no. 57 [G.S.D] CRR 1272 of 2024 In the matter of : Ashirvad Choudhury & Ors ... ... Petitioners Mr. Sattwik Majumder Ms. Urmi Sengupta ... for the petitioners The petitioners have preferred this revisional application for quashing of the case being AC 24 of 2024, which is a proceeding under the relevant provisions of Section 12 of the PWDV Act and is pending before the ld. JM, 9th Court, Alipore.

The petitioners have also challenged the order dated 20th January, 2024.

Having regard to the fact that the provisions of the Act incorporates within itself the appellate provision under section 29 of the PWDV Act, which is to be preferred before the ld. Sessions Judge, I am of the view that, at the first instance, no exceptional circumstances have been made out to invoke the jurisdiction under section 482 of the cr.p.c. Accordingly, if any appeal is preferred under section 29 of the PWDV Act in respect of the Case being AC 24 of 2024 including the order sheet dated January 20, 2024, the appellate court would consider the same in accordance with

law without being influenced by any of the observations made by this court at this stage.

With the aforesaid observations, CRR 1272 of 2024 is disposed of.

Pending application, if any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court, Calcutta.

Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

(Tirthankar Ghosh, J.)