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Calcutta High CourtCRR/3103/2025disposed

Biman Biswas v. State Of West Bengal And ANR

2025-09-24Hon'Ble Justice Biswaroop Chowdhury2 pages

24-09-2025 ct no. 9 Sl. 17 RP C.R.R. 3103 of 2025 Biman Biswas -VersusState of West Bengal Mr. Akash Dutta ......for the Petitioner

1. Learned advocate for the petitioner is present.

2. The petitioner has challenged the order dated 30.09.2019 passed by learned Judicial Magistrate, 9th Court, Alipore, District- 24 Parganas (South) in ACM Case No. 842 of 2018.

3. By order dated 30.09.2019, the learned Magistrate has disposed of the maintenance case under Section 125 of the Code of Criminal Procedure filed by the opposite party no. 2. As the order passed by the learned Magistrate is an appealable order, this Court is of the view that this application should not be entertained by this Court.

4. This application is disposed of by granting liberty to the petitioner to file necessary appeal before the Appellate Court.

5. It is, however, made clear that this Court has not gone into the merits of the case and all points are left open to be agitated before the learned Court. (Biswaroop Chowdhury, J.)