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Calcutta High CourtCRR/3079/2023dismissed as infructuous

Kakali Mandal @ Sefali Mandal v. The State Of West Bengal And ORS.

2023-08-24Hon'Ble Justice Tirthankar Ghosh2 pages

24.08.2023

IN THE HIGH COURT AT CALCUTTA

Item No.18 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 3079 of 2023 with CRAN 1 of 2023 In the matter of : Smt. Kakali Mandal @ Sefali Mandal ... Petitioner.

Mr. Aslam Khan, Mr. S. K. Humayan Reja, Mr. Sk. Morshed Ali ... For the Petitioner.

Mr. S. G. Mukherjee, Ld. P.P., Mr. Pravash Bhattacharya, Mr. Mirza Firoj Ahmed Begg ... For the State.

Learned advocate appearing for the petitioner is directed to serve a copy of this revisional application upon Mr. Mirza Firoj Ahmed Begg, learned advocate, who ordinarily appears for the State. His appointment may be regularised by the concerned authorities.

The grievance of the present petitioner relates to an order of acquittal in connection with G.R. Case No. 1406 of 2007 (T.R. No. 1416 of 2010). The learned trial court on conclusion of evidence and trial by a judgement and order dated 23.02.2023 was pleased to acquit the accused persons. The petitioner is aggrieved by the same.

Having regard to the provisions of Section 372 of the Code of Criminal Procedure, I am of the view that the petitioner has a right of appeal before the appropriate forum. As such, the present revisional application is not maintainable.

Thus, the revisional application being CRR 3079 of 2023 along with the connected application is dismissed as infructuous.

The petitioner is granted liberty to take back the certified copy from the department after the same being replaced by photostat copy.

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.)