Partha Pratim Kumndu & ORS v. Anumita Kundu Nee Dutta & ANR

26.07.2023 Serial no.18 Aloke Ct. No. 30 CRR 1085 of 2020 Partha Pratim Kundu & Ors.

vs.

Anumita Kundu nee Dutta & Anr.

Mr. Partha Pratim Kundu ... petitioner-in-person Mr. Jyotirmoy Talukdar ... for the opposite party Mr.Santanu Chatterjee ... for the State The present revision has been preferred against the judgment and order No. 2 dated January 14, 2020, passed by the Learned Chief Judge, City Sessions Court, Calcutta, in Criminal Appeal No. 279 of 2019 affirming the judgment and order dated 16.09.2019 passed by the Learned Metropolitan Magistrate, 12th Court at Calcutta in Miscellaneous Case No. 42 of 2018.

Learned counsel for the opposite party no. 1 is present. On perusal of the record, it appears that the learned Metropolitan Magistrate, 12th Court, Calcutta vide order dated 16.09.2019 had passed an order of interim maintenance in a proceeding under Protection of Women from Domestic Violence Act and was further pleased to fix the case for evidence. The said order was challenged by the opposite party before the Chief Judge, City Session Court who by his judgment and order dated 14.01.2020 was pleased to dismiss the appeal and affirmed the said order of the learned Magistrate.

The petitioners have now appeared in person before this Court and have submitted a written instruction before this Court stating therein that the Misc. Case No. 42 of 2018 pending before the learned Metropolitan Magistrate, 12th Court, Calcutta has been dismissed on 23.02.2022. A copy of the said order has also been annexed.

The accused persons, the petitioners herein have been discharged from the said case and bail bond liability. Considering the present status, the revisional application has now become infructuous.

Accordingly, the revisional application is dismissed as infructuous.

All connected applications, if any, stands disposed of. Interim order, if any, stands vacated.

Let a copy of the order be sent to the learned trial court for compliance and to proceed with the trial in accordance with law.

(Shampa Dutt (Paul), J.)