Shipra Mukherjee And ORS v. State Of West Bengal And ANR

12.08.2021 Ct No. 35 D/L 63 ab C.R.R. 1437 of 2021 (Via Video Conference) Re: An application under Sections 482 read with Section 397 of the Code of Criminal Procedure, 1973.

In re : Shipra Mukherjee & Ors.

... Petitioners Mr. R. N. Chakraborty, Ms. Aamrita De, ... for the petitioners The order impugned in this revisional application, is an order dated June 24, 2021, passed by the learned Additional Sessions Judge, 1st Court at Arambagh in Criminal Revision No. 53/21.

Before the learned Additional Sessions Judge, an order dated June 11, 2021, passed by the learned Executive Magistrate, Arambagh, in M. P. Case No. 395 of 2021, was challenged. By the order impugned, the learned Additional Sessions Judge came to a finding that the disputes between the parties were civil in nature, and the learned Magistrate was not justified in passing an ex-parte order without hearing the opposite parties. In view of that, the learned Sessions Judge in the Court below stayed the operation of the order dated June 11, 2021, passed by the learned Executive Magistrate, till July 26, 2021.

Without going into any other aspects of the matter and without entering into the merits of the case, this revisional application is disposed of by giving a direction upon the learned Additional Sessions Judge, 1st Court, Arambagh, to dispose of the Criminal Revision No. 53/21 within a period of six weeks from date, in accordance with law.

This revisional application has been disposed of without giving any notice upon the opposite parties since they will not be prejudiced by this order.

The revisional application being C.R.R. 1437 of 2021 is, thus, disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with the necessary formalities.

(Kausik Chanda, J.)