Calcutta High CourtCRR/2746/2022dismissed

Rani Devi Sutaja And ORS v. State Of West Bengal And ANR

2023-09-01Hon'Ble Justice Tirthankar Ghosh2 pages

01.09.2023

IN THE HIGH COURT AT CALCUTTA

Item No.4 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 2746 of 2022 In the matter of : Rani Devi Satuja & Ors. ... Petitioners. Mr. Mahiul Islam, Mr. Amar Singh ... For the Petitioners.

Earlier this revisional application was called on 14.06.2023 when none appeared on behalf of the petitioners. Today again when the matter is called, an accommodation has been prayed for on behalf of Mr. Debangan Bhattacharjee, learned advocate for the petitioners. Having regard to the pendency of this revisional application from the year 2022, I am of the view that further pendency of this revisional application before this Court is unwarranted. Accordingly, the revisional application is taken up on merits.

The subject-matter of this revisional application relates to case No. CS-6108 of 2021 which was/is pending before the learned Metropolitan Magistrate, 7th Court, Calcutta under Section 25 of Payment and Settlement Act, 2007. The petitioners have prayed for quashing of the proceedings. The issues so canvassed in the revisional application relate to question of facts which mostly canvass on the issue relating to legally enforceable debt or liability and the question of compliance of Section 202 of the Code of Criminal Procedure. I have considered the contentions advanced in this revisional application and I find that from the affidavit and

the complaint which has been filed, there is hardly any scope to assess that the object of Section 202 of the Code of Criminal Procedure was at all frustrated when the process was issued by the learned Metropolitan Magistrate, 7th Court, Calcutta. Accordingly, I am of the opinion that no interference is called for in this revisional application. The revisional application being CRR 2746 of 2022 is, thus, dismissed.

Pending connected application, if any, is consequently disposed of.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)