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Calcutta High CourtCRR/3061/2022disposed

Priyam Sen v. State Of West Bengal And ORS.

2024-03-21Hon'Ble Justice Shampa Dutt (Paul)3 pages

21.03.2024 Serial no.18 Aloke Ct. No. 30 CRR 3061 of 2022 With IA No. CRAN 1 of 2023 With IA No. CRAN 2 of 2023 Priyam Sen Vs.

The State of West Bengal & Ors.

For the petitioner : Mr. Ayan Bhattacharya, Mr. Pritam Choudhury, Mr. Abhijit Sarkar.

For the State : Ms. Sujata Das.

For the Opposite Parties : Mr. Debanshu Ghorai, Ms. Paromita Malakar (Dutta), Ms. Karunamoyee Samanta, Mr. Dip Jyoti Chakraborty, Mr. Rajdeep Adhikary.

1.

The present revisional application has been preferred against an order dated 19.09.2018 in connection with Jadavpur P.S. Case No. 190 of 2000 under Section 498A and 406 of the Indian Penal Code and BGR Case No. 2170 of 2000 (T.R. No. 7 of 2020). 2.

The CRAN application has been filed in the present revision by the petitioner herein praying for necessary directions for opening of a bank locker. 3.

It appears from the order under revision that in view of the judgment of the Hon'ble Apex Court, the proceeding before the Trial Court was disposed of and the accused persons were set at liberty.

4.

It appears from the materials on record that the present petitioner was not a party to the case before the Trial Court against whose order the present revision has been preferred. Admittedly, the Trial Court did not pass an order for freezing the operation of the locker.

5.

It is submitted that the said order was passed by the Writ Court.

6.

This Court fails to understand as to why the petitioner who is not a party before the Trial Court and when the order freezing the operation of the locker was not passed by the Trial Court, has preferred the present revisional application praying for such relief.

7.

The present revisional application is, thus, prima facie is not maintainable.

8.

The revisional application is accordingly disposed of by granting liberty to the petitioner to make appropriate application before the appropriate forum under the appropriate provisions of law.

9.

The present revisional application being CRR 3061 of 2022 is, thus, disposed of.

10.

All connected Applications, if any, stands disposed of.

11.

Interim order, if any, stands vacated.

12.

Copy of this order be sent to the learned Trial Court for necessary compliance.

13.

Urgent certified website copy of this order, if applied for, be supplied expeditiously after complying with all, necessary legal formalities.

(Shampa Dutt (Paul), J.)