Bachendri Ray v. Niladri Dutta And Another

30.08.2023

IN THE HIGH COURT AT CALCUTTA

Item No.36 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 3263 of 2023 In the matter of : Bachendri Ray ... Petitioner.

Mr. Bidyut Kumar Halder, Mr. Indranil Halder ... For the Petitioner.

Mr. Jayanta Narayan Chatterjee, Mr. Supreem Naskar, Ms. Jayashree Patra, Ms. Ritushree Banerjee, Mr. Bhaskar Mondal ... For the Opposite Parties.

The present case has been initiated for early disposing of complaint case No. C-39 of 2023. Records reflect that the learned Additional Chief Judicial Magistrate, Barasat transferred the case to the learned Judicial Magistrate, 2nd Court, Barasat who fixed 29.06.2023 as the next date for filing affidavit of assets and subsequently a date has been fixed on 04.12.2023.

Mr. Chatterjee, learned advocate appearing for the opposite parties submits that they have materials to produce that the present lady has instituted a number of cases against different persons of similar nature.

In view of the submissions so advanced and being made by a lady, I do not elaborate the same in the present order. However, the opposite parties would be at liberty to produce along with the affidavit of assets all documents which are in his/their custody reflecting the contention advanced by Mr. Chatterjee, learned advocate for the opposite parties. The learned trial court would assess the same within a period of one month from the date of filing of such

application. The learned trial court will also take into account in case the accusations which are made therein are not acceptable and would proceed in accordance with law by fixing at least one date in a month so that in the fitness of circumstances, a conclusion can be arrived at by the learned trial court at the earliest.

With the aforesaid observations, the revisional application being CRR 3263 of 2023 is disposed of. Pending connected application, if any, is consequently disposed of.

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.)