Samiran Sil v. Prabir Rit & ORS

CRR 4467 of 2009 g.b.

17.06.2021 Court No.34 In Re: - An application under Section 401 read with Section 482 of the Code of Criminal Procedure;

And In Re: - Samiran Sil Petitioner The records in this case reflect that by an order dated 26.08.2010 a co-ordinate Bench of this Court was pleased to refuse to extend any interim order and dismissed the connected application. It was specifically recorded that as the petitioner failed to produce the affidavit of service showing that the copy has been served upon the opposite parties, there was no scope for extending or granting any interim order.

The records of the Magistrate Court reflect that the on 2610-2009 the learned Magistrate after examining the accused persons under Section 313 of the Code of Criminal Procedure was pleased to fix 03.11.2009 for argument.

The matter was lastly taken up on 04.06.2021. None appeared on behalf of the petitioner. Today when the matter was taken up, no one represented the petitioner.

Having regard to the fact that more than ten years have passed and there was no interim order, I am of the view that no useful purpose will be served by keeping the revisional application pending before this court as the subject matter of the case for which it was filed was the prosecution evidence being closed and dates being fixed for argument.

Accordingly, CRR 4467 of 2009 is dismissed without any order as to costs. All connected applications are also disposed of. Interim order, if any, is hereby vacated.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)