Calcutta High CourtCRR/2080/2023disposed

Pallabi Maity Mahapatra v. Pijush Mahapatra

2023-06-13Hon'Ble Justice Tirthankar Ghosh2 pages

19-12-2023 Subha Item no.69 Ct no.34

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction C.R.R 2080 of 2023 CRAN 2 of 2023 CRAN 3 of 2023 CRAN 4 of 2023 In the matter of: Pallabi Maity Mahapatra ....petitioner. Mr. Soumyajit Das Mahapatra Ms.Madhurai Sinha ..for the petitioner.

Mr. Tapas Kuama Dey Mr. Ashis Kumar Dutta ...for the applicant/opposite party.

Re : CRAN 4 of 2023 The application being CRAN 4 of 2023 filed under Section 5 is taken up for hearing. The petitioner has prayed for condonation of delay in preferring the connected applications. Having regard to the reasons so assigned in paragraphs 4, 5 and 6 of the application, I am of the view that the same are just and sufficient. Accordingly, the application being CRAN 4 of 2023 is allowed. As such, the delay is condoned. So far as the pages 24, 25 and 26 of CRAN 4 of 2023 are concerned, the said photographs appearing in the aforesaid pages may be segregated and kept in a separate envelope. Re : CRAN 2 of 2023 & CRAN 3 of 2023 The applicant/opposite party by way of CRAN 3 of 2023 has prayed for stay of operation of the order dated 13-06-2023 in CRR No. 2080 of 2023. The said revisional application was disposed of by this court by its order dated 13-06-2023. Being aggrieved by the said

order dated 13-06-2023, the applicant/opposite party preferred Special Leave to Appeal (CRL) No. 10008 of 2023 before the Hon'ble Apex Court, which was dismissed. Thereafter, the applicant opposite party has prayed before this court for stay of operation of the order dated 13-06-2023. In fact, the criminal appeal before the learned Sessions Judge is still pending. This court interfered only with regard to the interim order which was passed at the time of admission of the appeal. In view of the Hon'ble Supreme Court dismissing the appeal in a disposed of revisional application there is no scope for further altering/modifying or interfering with the order dated 13-06-2023. Accordingly, the application being CRAN 3 of 2023 is dismissed. As such, the application being CRAN 2 of 2023 is dismissed.

All concerned parties are to act in terms of a copy of this order duly downloaded from the official website of this court. [Tirthankar Ghosh, J]