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Calcutta High CourtCRR/3810/2007disposed

Sanjib Kumar Sen (Nirmal) v. Usha Dutta & ORS.

2021-06-17Hon'Ble Justice Tirthankar Ghosh2 pages

17.06.2021 Item no.18 Ct. No.34 CHC C.R.R. No.3810 of 2007 IA NO: CRAN/2/2008 (Old No: CRAN/2271/2008) (Not in file) In Re: An application under Article 227 of the Constitution of India.

AND In the matter of:- Sanjib Sen (NIRMAL) ... petitioner None appears on behalf of the petitioner or for the opposite parties.

The present revisional application has been preferred against the judgement and order dated 30.08.2007 passed by the learned Additional Sessions Judge, Barrackpore in Criminal Appeal No.5 of 2007, wherein the learned appellate court was pleased to alter a part of the order of the maintenance and compensation so passed by the learned trial court being the learned Judicial Magistrate, 5th Court, Barrackpore.

Records of this case reflect that the revisional application first appeared on or about 27.11.2007 when there was an interim order for a period of two weeks. Next matter appeared on 14.02.2008 when the interim order was extended for a period of six months. However, the interim order was never extended thereafter. Thus, on and from 15th August, 2008 till date there is no interim order so far as the present proceedings are concerned.

I have taken into account the judgement delivered by the learned trial court as well as by the appellate court and I do not find that any substantial question of law or any material illegality has been shown by the petitioner or any manifest error has been brought to the notice of the Court which calls for interference in respect of the judgement delivered by the learned appellate court. Accordingly, the Court is of the considered view that no interference is called for in respect of the judgement delivered by the learned Additional Sessions Judge, Barrackpore in Criminal Appeal No.5 of 2007. As such, the revisional application do not call for any interference.

Accordingly, the instant revisional application being C.R.R.3810 of 2007 and all connected applications thereto are hereby dismissed.

If the proceedings are still pending, learned Judicial Magistrate, 5th Court, Barrackpore is directed to conclude the same within reasonable period of time.

Department is directed to tag the record of CRR and CRAN application [CRAN/2/2008 (Old No. CRAN/2271/2008)] along with this case.

All parties shall act in terms of copy of this order downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)