Susanta Pal v. Mrs Kamala Pal

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction 09-03-2022 Subha Item-21 Ct -.34 C.R.R 2189 of 2019 with CRAN 1 of 2019 In Re: An application under Section 482 of the Code of Criminal Procedure, 1973.

In the matter of : Susanta Pal

...Petitioner.

Ms. Devipriya Mitra Mr. Sudakshina Dey ......for the Petitioner.

Mr. P. K. Datta, APP, Mr. Santanu Deb Roy ....for the State.

The report submitted by the S. I. of Police, Jangipara P.S, Hooghly dated 7th March, 2022 through the learned advocate for the State be kept with the record.

Record reflects that the opposite party namely, Kamala Pal is residing at her matrimonial house.

Ms. Mitra, learned advocate appearing on the behalf of the petitioner submits that distress warrant so issued by the jurisdictional Magistrate is touching the liberty of the present petitioner, although he is residing with his wife presently. The police report also reflects regarding the wife/opposite party stating at her matrimonial home.

In view of such changed circumstance, let the execution of the distress warrant so issued by the jurisdictional court be stayed for a period of three months. In the meantime, the present petitioner and the opposite party would approach the court. The learned Magistrate would on dock record the deposition of the opposite party and thereafter if it satisfies the court would drop the proceedings.

With the aforesaid observations, CRR 2189 of 2019 is disposed of.

All pending applications, if any, in connection with the revisional application, are consequently disposed of. Interim order would continue as directed above for a period of three months.

All concerned parties are to act in terms of a website copy of this order duly downloaded from the official website of this court. ( Tirthankar Ghosh, J. )

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