Tapan Mukherjee And Another v. State Of West Bengal And ANR

Form J(1) IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction Appellate Side Present :

The Hon'ble Justice Bibek Chaudhuri CRR 4063 of 2022 Tapan Mukherjee and Anr.

Vs.

The State of West Bengal and Anr.

Mr. Krishnendu Bhattacharya Mr. Priyankar Ganguly Ms. Shalini Bairagi ..for the petitioner Item No. 26.

Heard & Judgment on:

10.01.2023 Bibek Chaudhuri, J.

The petitioners are the uncle-in-law and aunt-in-law of the opposite party No.2 on whose instance the petitioners are implicated in a case under Section 12 and other cognate provisions of the Protection of Women from Domestic Violence Act.

It is submitted by the learned advocate for the petitioner that the opposite party No.2 practically did not make any allegation against the petitioners of committing domestic violence upon her. They were unnecessarily joined as opposite parties. They raised the said issue before the learned Sessions Judge in Criminal Appeal No.134 of 2022. The learned Sessions Judge-in-charge, Alipur admitted the said appeal and, however, refused to grant any order of stay.

I have heard the learned advocate for the petitioner. Further proceedings in connection with AC 2090 of 2020 be stayed qua the present petitioner only till the disposal of Criminal Appeal No.134 of 2022. The learned Sessions Judge, Alipur is requested to dispose of the appeal expeditiously and preferably within six months from the date of communication of this order.

With the above order, nothing remains in the instant revision.

Accordingly, the instant revision is disposed of. The petitioner is at liberty to act on the server copy of this order.

(Bibek Chaudhuri, J.)