Smriti Sarbajna And Others v. Kalyan Sarbajna

24.07.2023 Ct. No. 34 rrc CRR 2648 of 2023 In re : An application under Section 401 of the Code of Criminal Procedure, 1973.

In the matter of : Smt. Smriti Sarbajna & ors. ..... petitioners Mr. Kajal Ray .... For the petitioners The petitioners have challenged the order dated 30th May, 2023 which refers to NGR(S) Case No. 406 of 2023. The petitioners are aggrieved by the order of the learned Special Executive Magistrate which states that "both parties are directed to maintain status quo." Civil suit is already pending before the learned Civil Judge (Senior Division), Serampore, Hooghly.

The grievance of the petitioners relates to the direction of status quo as passed by the Special Executive Magistrate. In view of the order having been passed on 30th May, 2023 and if such order continues after 30th July, 2023, I direct the petitioner would be at liberty to take out an application under Section 144(5) of the Code of Criminal Procedure and the learned Special Executive Magistrate would dispose of the application within a fortnight from the date of filing of such application. With the aforesaid observations, the revisional application being CRR 2648 of 2023 is disposed of.

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

All concerned parties shall act on the serve 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 requisition formalities.

(Tirthankar Ghosh, J.)