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Calcutta High CourtCRR/3230/2007dismissed for default

Sk. Abdul Goni v. Mosammat Amena Khatun

2021-01-15Hon'Ble Justice Shekhar B. Saraf2 pages

26.08.2021 ss (via Video Conference) CRR 3230 of 2007 In the matter of : Sk. Abdul Goni ... Petitioner.

This criminal revisional application has been filed in the year 2007 with regard to quashing of all proceedings of Misc. Case no.252 of 1998 pending before the learned Judicial Magistrate, 3rd Court, Tamluk, Purba Medinipur under Section 125 of the Code of Criminal Procedure, 1973. It is to be noted that on September 7, 2007 stay of all proceedings has been granted by a coordinate Bench of this Hon'ble Court without assigning any reason for such stay. Subsequently, no steps have been taken by the petitioner in this matter. It appears from several orders passed in the year 2020-2021 that whenever the matter is called on, adjournment is sought for by the petitioner.

On the last occasion, that is, March 19, 2021, the petitioner made a submission that he will serve the opposite party after getting to know of the present whereabouts of the opposite party.

In my view, the petitioner is longer interested in this matter and only wishes to delay this matter without having any intention of moving this application. The conduct of the

petitioner is deplorable, and accordingly, I find there is no reason to allow this revisional application.

Accordingly, this revisional application is dismissed and connected applications, if any, are also dismissed. Interim order, if any, stands vacated. There will be no order as to costs.

The department concerned is directed to communicate the order passed in Court today to the Court below. The department shall ensure that acknowledgement of receipt of their communication is received. Report of compliance to be placed before this Court after three weeks.

The lower Court is directed to expeditiously act in accordance with law.

< (Shekhar B. Saraf, J.)