Namita Adak v. Susil Adak

11-05-2022 Subha Item no.18 Ct no.34

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction C.R.R 1946 of 2018 with CRAN 1 of 2020(Old CRAN No.642 of 2020) with CRAN 2 of 2020(Old CRAN No.643 of 2020) In the matter of : Susil Adak .....petitioner. In Re : CRAN 642 of 2020 & CRAN 643 of 2020 Mr. Ujjal Kanti Jana .....for the Applicant.

Mr. Sandipan Ganguly, Sr. Advocate Mr. Ranajit Roy Ms. Nairanjana Ghosh ....for the opposite party.

Affidavit of service so filed be kept with the record. The present application under Section 5 of the Limitation Act for condonation of delay has been preferred in connection with an application for modification and/or recalling the judgement and order dated 17th July, 2019. I find that the said judgement was delivered in respect of a proceedings under Section 125 of the Code of Criminal Procedure and the coordinate Bench after assessing the materials placed by respective parties arrived at its findings. Having regard to the provisions of Section 362 of the Code of Criminal Procedure, I am of the opinion that the prayer advanced by the petitioner is not restricted to any arithmetical or clerical error. As such, there is no scope to adjudicate the prayer advanced by the

petitioner in the application.

Accordingly, the applications being CRAN 642 of 2020 and CRAN 643 of 2020 are dismissed.

As the revisional application has already been disposed of by the judgement and order dated 17th July, 2019, I am of the opinion that no order need be passed in connection with the revisional application.

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]