Sultana Khan v. State Of West Bengal

10.03.2022 S/L No.9 KS C.R.R. 2973 of 2015 Sultana Khan -Vs.- The State of West Bengal Mr. Pratick Bose Mr. Pravas Bhattacharya .....For the State None appears for the petitioner despite opportunity having been extended to the petitioner to come ready for hearing. Learned advocates for the State are present.

On a perusal of the application under Section 401/482 of the Code of Criminal Procedure, I find Mr. Susil Kumar Mahata is the advocate on record for the petitioner who is not available today. In her application, the petitioner had assailed order no.100 dated 02.06.2015 passed by Learned Additional Sessions Judge, FTC - II, Alipore, South 24 Parganas in Charge of FTC - IV, Alipore, South 24 Parganas in Sessions Trial No.9 (09) of 2009 under Section 302 of the Indian Penal Code. In the impugned order, the Learned Court holding enquiry in respect of the age of the petitioner found that on 24.03.2007 petitioner was 18 years and did not rely upon her date of birth recorded in the admit card of the West Bengal Board of Secondary Education and finally rejected the petition of the accused dated 31/05/2014 claiming herself to be juvenile on the date of occurrence i.e. 13.02.2009. There is no illegality in the impugned order.

The revisional application stands dismissed for default.

Let a copy of this order be sent to the Court of Learned Additional Sessions Judge, FTC - II, Alipore for information. (Ananda Kumar Mukherjee, J.)