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Calcutta High CourtCRR/1350/2021dismissed

Anupam Karmakar v. Shreya Bhowmick (Karmakar)

2023-04-03Hon'Ble Justice Tirthankar Ghosh2 pages

03.04.2023 Ct. No.34 S/L No.25 KS C.R.R. 1350 of 2021 Anupam Karmakar -Vs.- Shreya Bhoumick (Karmakar) Mr. D. K. Adhikary Mr. Asit Bera Mr. Debdeep Adhikary .....For the Petitioner The present revisional application was preferred challenging the order dated 30.04.2021 passed in connection with Misc. Case No.244 of 2018.

I have perused the impugned order dated 30.04.2021 passed by the learned A.C.J.M., Contai. The said order reflects that five separate applications were filed at the instance of the petitioner before this Court which consisted of applications under Section 91 of the Code of Criminal Procedure praying for direction upon different authorities to produce evidence. This Court categorically asked the learned advocate appearing for the petitioner whether representations were made to the concerned authorities with the same prayer and they were refused. Learned advocate so appearing for the petitioner answered that such applications were never made to the concerned authorities. I have considered the nature of the applications which were advanced before the learned A.C.J.M., Contai, I am of the opinion that the same were misconceived in view of the fact that no representations

were made before the concerned authorities for obtaining information as sought for in the application before the learned Magistrate, as such, I am of the opinion that the finding so arrived at by the learned A.C.J.M., Contai do not suffer from any illegality and, thus, no interference is called for at this stage.

Accordingly, C.R.R. 1350 of 2021 is dismissed. Pending applications, if any, are consequently disposed of. It is, however, directed that in case the petitioner intends to rely upon any document, the Court after considering the nature of the application may call for an authorized officer of the bank to produce such document.

All parties are directed to act on the server copy of this order downloaded from the official website of this Hon'ble Court. (Tirthankar Ghosh, J.)