Sangita Tiwary@Sangeeta Tiwari v. State Of West Bengal And ANR

09.01.2024 Court No.237 pg.

IN THE HIGH COURT AT CALCUTTA

CRIMINAL APPELLATE JURISDICTION APPELLATE SIDE CRMSPL 54 of 2023 with IA No. CRAN 1 of 2023 Sangita Tiwary @ Sangeeta Tiwari -versusThe State of West Bengal & Anr.

Mr. Sagar Saha Mr. Sandeep Prasad Shaw Mr. Raju Boral Mr. Aman Kumar Singh ... For the appellant/applicant Mr. Aniket Mitra ... For the State Mr. Ayan Bhattacharjee Ms. Ayesha Sultana Mr. Suman Majumder ... For the opposite party no.2 1.

Learned advocates on behalf of the appellant/applicant, the State and the opposite party no.2 are present. 2.

Learned advocate on behalf of the appellant/applicant submits that the special leave petition along with the application under Section 5 of the Limitation Act has been filed wrongly before this Court as there is a specific jurisdiction of the learned Sessions Judge under Section 372 of the Code of Criminal Procedure. 3.

Accordingly, learned advocate on behalf of the appellant/ applicant has inclined to not press the special leave petition and the Section 5 application.

4.

Considering the facts and circumstances, the special leave petition and the Section 5 application stand dismissed as not pressed.

5.

Interim order, if any, stands vacated.

6.

Department is directed to return certified copy of the impugned order annexed to the application to the appellant upon replacing the same with a photocopy thereof.

7.

Criminal Section is directed to supply certified copy of this order, if applied for, upon compliance of necessary formalities. (Bibhas Ranjan De, J.)