Kajari Bagchi v. Shyam Sundar Karfa & ORS.

27.06. 2022 item No.42 n.b.

ct. no. 40 CRR 2777 of 2011 Shrimati Kajari Bagchi -VsShyam Sundar Karfa & Ors..

Mr. Jayanta Narayan Chatterjee, Mr. Nazir Ahmed, Ms. Moumita Pandit ..... for the Private Opposite Party.

Mr. Imtiaz Ahmed, Ms. Shaila Afrin, Mr. Samrat Pal ... for the State.

None appears on behalf of the petitioner.

Mr. Ahmed, learned advocate appears for the State in this case.

Mr. Chatterje, leaned advocate appears on behalf of the private opposite party.

The instant application is preferred against the Judgment and Order dated 29.6.2011 passed by the Learned Additional District and Sessions Judge, Fast Track-X Court, Alipore, 24 Parganas(South) in Criminal Appeal No. 74 of 2010 affirming the Judgment and Order dated 19.7.2010 passed by the Judicial Magistrate, 7th Court at Alipore in connection with A.C. Case No.684 of 2010 whereby the petitioner filed an application under Section 12 of Protection of Women from Domestic Violence Act, 2005 was held to be not maintainable against the

person named therein. The original order was passed by the Judicial Magistrate was subject to scrutiny by the Appellate Court. This Court loath to interfere into orders so scrutinized except for strong reasons.

On perusal of the order passed by the Judicial Magistrate, 7th Court, Alipore dated 19.7.2010 as well as the Judgment of the Appellate Court dated 29.6.2011, it appears that there is no miscarriage of justice or misapplication of law or any error apparent on the fact of the record warranting interference of this Court. Accordingly, the instant application is dismissed on merit.

(Sugato Majumdar, J.)