Rita Roy And ANR v. State Of West Bengal And ANR

14.

27-06-2023 (ct. no.34) debajyoti

IN THE HIGH C0URT AT CALCUTTA

Criminal Revisional Jurisdiction CRR 2311 of 2023 In re: An application under Section 482 read with Section 401 of the Code of Criminal Procedure, 1973.

- A n d - In the matter of : Rita Roy @ Dhar & Anr.

.... Petitioners.

Mr. Amitabha Ghosh, Mr. Anik Bhattacharyya ... For the Petitioners.

Petitioner has approached this Court for invoking the jurisdiction under Section 482 read with Section 401 of the Code of Criminal Procedure. The subject matter of the case involves provisions of Sections 12 and 23 of the PWDV Act. The grievance, according to the statute, is first to be agitated under Section 29 before the learned Sessions Judge. The petitioners are granted liberty to canvass such grievance before the learned District and Sessions Judge in its appellate jurisdiction. Liberty is granted to learned advocate-on-record of the petitioner to take back the certified copy from the department after furnishing a photostat copy of the same. If there is any delay which is brought to the notice of the learned District and Sessions Judge, in that case, the learned Sessions Judge will consider the delay application in view of the fact that the present application has been preferred before the High Court. Learned Sessions Judge would dispose of the appeal on merits without being influenced by any observations made by this Court.

With the aforesaid observations, CRR 2311 of 2023 is disposed of. Pending application, if any, is also disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)