Dipak Mondal @ Dipak Kumar Mondal And ANR v. Arghya Ghosh

23.06.2022 Item No.12.

Mithun Ct.42 CRR 1974 of 2022 Dipak Mondal @ Dipak Kumar Mondal & Anr.

Vs.

Arghya Ghosh.

Mr. Uday Sasnkar Chattopadhyay, Adv.

Mr. Santanu Maji, Adv.

Mr. Subhansu Das, Adv.

...for the petitioner.

Mr. Pawan Kumar Gupta, Adv.

Ms. Sofia Nesar, Adv.

Mr. Santanu Sett, Adv.

...for the O.P.

Ms. Sofia Nesar, Advocate has entered appearance on behalf of the private opposite party. She is directed to file Vokalatnama in the department. A.C.2534 of 2021 was filed by one Arghya Ghosh against Sisir Mondal and Dipak Mondal. The said Dipak Mondal and Sisir Mondal are the petitioners in the instant revision.

It is submitted by the learned Advocate for the petitioners that one Subash Chandra Ghosh being the landlord of Sisir Mondal instituted a suit for eviction against him. After institution of the said suit, Subhas Ghosh and his family members have been taking all

sorts of coercive measures to evict the said Sisir Mondal otherwise than due process of law.

The complainant of A.C.2534 of 2021 is one Arghya Ghosh, son of the landlord of the said Sisir Mondal. The said Arghya Ghosh is a practicing Advocate of Alipore Court. Learned Advocate for the petitioners draws my attention to an order dated 5th May, 2022 where the petitioners filed hazira personally in Court but warrant of arrest was issued against them. This Court is of the view that the instant revisional application can be effectively disposed of with the following direction. The order dated 5th May, 2022 passed by the learned Trial Court be recalled. Secretary, District Legal Services Authority, 24 Parganas-South is directed to appoint a competent Advocate for accused Sisir Mondal and Dipak Mondal to contest the case being A.C.No.2534 of 2021 in the Trial Court.

With the above order, the instant criminal revision is disposed of.

(Bibek Chaudhuri, J.)