Sajal Kumar Saha v. Mousami Das (Saha) & ANR

30.06.2022 Item No.7 Ct. No.38 Saswata CRR 3278 of 2011 In re : An application under Section 482 of the Code of Criminal Procedure, 1973 Sajal Kumar Saha -vsThe State of West Bengal & Anr.

The petitioner/husband has preferred this instant revisional application against his wife to challenge the impugned order dated 10th January 2011 passed the Learned Chief Judicial Magistrate, Maldah being Case no. 35M of 2010 and a subsequent merger with order dated 23rd August 2011 passed by the learned District Judge, Maldah in Criminal Revision no. 76 of 2011.

Due to matrimonial discord between the petitioner and the opposite party, several litigations arose including the criminal cases under Section 498A and proceedings under Section 125 of the Cr.P.C., Matrimonial suit in the Civil Court being MAT 230 of 2011, etc. The petitioner alleges of being aggrieved by the merger of the Court's order which he says is to his prejudice and also violative of his natural justice. Record in this revisional application shows that previously on several earlier occasions, none appeared in this case either on behalf of the petitioner or the opposite parties. The situation is same today. Therefore, the case is taken up for delivering the order.

On perusal of the materials on record, I do not find that the petitioner could make up any sustainable, cogent ground in this case to challenge the impugned order. Also that the cause of action of the petitioner appears to be infructuous due to efflux of time.

Considering the facts and circumstances, I find no merit in the petitioner's case and also no issues to have remained to be adjudicated. The revisional application being CRR 3278 of 2011 is accordingly dismissed.

Interim order and connected applications, if any, stands vacated.

(Rai Chattopadhyay, J.)