Utpal Biswas @ Moni v. Nirmal Sarkar @ Bacchu

C.R.R. No.3009 of 2012 (Via Video Conference) D/L35 September 20, 2021 Bpg.

In Re: An application under Section 397(1) read with Section 401 of the Code of Criminal Procedure, 1973 (as amended till to date). Sri Utpal Biswas alias Moni

Versus

Sri Nirmal Sarkar alias Bacchu The revisional application was preferred against the judgment and order dated 18.06.2012 passed by the learned Additional Sessions Judge, 6th Court, Paschim Medinipur in Criminal Revision No.17 of 2012. By the said judgment, the learned court was pleased to allow the revisional application in respect of an order dated 20.09.2011 passed by the learned Judicial Magistrate, 5th Court, Paschim Medinipur in C.R. Case No.204 of 2009. Records of the present revisional application reflect that the matter appeared on 3.09.2012 before a co-ordinate Bench of this Court when none appeared and the revisional application was dismissed for default. Subsequently, the matter appeared on 8th September, 2017 wherein the learned advocate appearing for the petitioner was directed to submit the current status of the case before the learned trial court on the next date fixed for hearing. The revisional application has not been restored to its original file and number.

Having regard to the time period which has passed in the meantime since preferring the application against the particular order of the learned revisional court, I am of the view that no

interference is required in this matter.

Accordingly, the revisional application being CRR 3009 of 2012 is dismissed on merits.

The trial court is directed to conclude the examination of all the witnesses and pass the judgment if the same has not delivered till date.

Pending application, if any, is consequently disposed of. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)