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Calcutta High CourtCRR/2227/2014dismissed

Smt Subhra @ Supra Ghosh @ Dutta & ANR v. State Of West Bengal & ORS

2021-03-12Hon'Ble Justice Bibek Chaudhuri2 pages

12.03.2021 Mithun Sl. No.11 D/L.

Ct.No.30.

CRR/2227/2014 In the matter of : Smt.Subhra @ Supra Ghosh @ Dutta & Anr.

...the petitioners.

None appears on behalf of the parties.

The instant criminal revision is pending since 2014. The petitioner has challenged an order passed by the learned Judicial Magistrate, 5th Court at Paschim Midnapur in C.R. Case No.676 of 2013 on 10th April, 2014 upon an application filed by the aggrieved person for modification of an order passed under Section 23(2) of the Protection of Women from Domestic Violence Act.

The said application was rejected by the learned Judicial Magistrate, 5th Court at Paschim Midnapur vide impugned order dated 10th April, 2014. Since the order was passed upon an application to modify an order under Section 23(2) of the Domestic Violence Act, the accused person had statutory remedy to file an appeal under Section 29 of the said Act.

In view of the above discussion, I held that the instant criminal revision is not maintainable and

accordingly, the instant criminal revision is dismissed on merit however without costs.

Let a plain copy of this order be sent to the learned Trial Court for information and necessary action. (Bibek Chaudhuri, J)