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Calcutta High CourtCRR/1331/2021dismissed

Sujit Maity v. Bhagyalakshmi Das

2023-03-30Hon'Ble Justice Tirthankar Ghosh2 pages

C.R.R.1331 of 2021 D/L23 30.03.2023 Bpg.

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

Sujit Maity

Versus

Bhagyalakshmi Das The present revisional application has been preferred against the order dated 16.04.2021 passed by the learned Judicial Magistrate, 2nd Court, Rampurhat in Misc. Case No.312 of 2020 under Section 125 of the Code of Criminal Procedure. I have perused the order dated 16.04.2021. The same was for the purpose of hearing of interim maintenance application. The present petitioner filed an application for staying the further progress of Misc. Case No.312 of 2020, as the declaration suit was pending before the learned Civil Judge (Junior Division), Contai, Purba Medinipur. The learned Magistrate rightly rejected the same and proceeded with Misc. Case No.312 of 2020. I find no illegality in the order so passed by the learned Magistrate. Accordingly, the revisional application being CRR 1331 of 2021 is dismissed.

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.)