← Library
Calcutta High CourtCRR/1797/2024dismissed

Sakti Das Gupta v. Uma Dey (Bagchi)

2026-01-16Hon'Ble Justice Uday Kumar2 pages

16.01.2026 Court No.22 DL/Item No.-7 [Milan] CRR 1797 of 2024 With CRAN 3 of 2025 In the matter of:

SAKTI DAS GUPTA VS UMA DEY (BAGCHI) Mr. Arkodeb Sinha, Mr. Mainak Biswas, Ms. Simran More ....for the Petitioner The learned advocate appearing for the petitioner places on record a certified copy of the order dated March 6, 2025, passed by the learned Judicial Magistrate, 1st Class, 7th Court, Alipore, South 24 Parganas, in connection with Case No. AC-1627 of 2014. Let the same be taken on record.

A perusal of the said order reveals that the underlying proceedings, which is the subject matter of the present challenge, has been disposed of by the learned Magistrate upon the prayer of the petitioner for withdrawal of the case/complaint. It is a settled principle of law that the existence of a live "lis" is a prerequisite for the exercise of revisional jurisdiction. Since the primary proceedings before the learned Trial Court have reached their finality by way of withdrawal, the grievances ventilated in the instant revisional application have been rendered academic and do not require further adjudication.

Consequently, the revisional application, being CRR 1797 of 2024, is dismissed as having become infructuous. In view of the dismissal of the main revisional application, the connected application, being CRAN 3 of 2025, stands disposed of. Interim orders, if any, granted earlier by this Court in connection with this revisional application, stand vacated and all consequential proceedings in the Court below, if stayed, shall be deemed to have been revived, though for the limited purpose of recording the finality of the withdrawal.

The Department is directed to ensure that the records of the Trial Court, if lying with this Court, be transmitted back to the Court below forthwith.

(Uday Kumar, J.)