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Calcutta High CourtCRR/3205/2013dismissed for default

Rabindra Nath Ghorui & ANR v. State Of West Bengal

2025-07-11Hon'Ble Justice Chaitali Chatterjee (Das)2 pages

30.06.2025 Ct. No.446 SL. No.10 PG+KS C.R.R. 3205 of 2013 With I.A. No. CRAN 1 of 2023 Sri Rabindra Nath Ghorui & Anr.

-Vs.- The State of West Bengal Md. Asraf Ali..............for the petitioners Mr. Ranabir Roy Chowdhury Ms. Sreetama Das........for the State I.A. No. CRAN 1 of 2023 It is submitted by the learned advocate for the petitioners that he came to know from the trial Court that the instant revisional application filed under section 482 of the Code of Criminal Procedure was dismissed for default on 24th September, 2021 and immediately thereafter the petitioners contacted Mr. Md. Asraf Ali, senior of the advocate-on-record of the petitioners and came to know that the advocate-on-record left practice. There was no laches on the part of the advocate-on-record and there was bona fide mistake for not appearing before the Hon'ble Court when the matter was called on the day when the revisional application was dismissed for default. Copy of this application for recalling of such order has been served upon the State/opposite party, who has raised such objection.

Be that as it may, it transpires from the application itself that the date of order of dismissal has been wrongly stated

therein as 24th September, 2021 in place of 11th November, 2022. There is no doubt that there is negligence in dealing with the matter. However, considering the fact that the dismissal was not on merit, the application stands allowed.

Let the revisional application be restored to its original form and number.

Let the revisional application be listed on 2nd July, 2025 or any date thereafter at 11.30 p.m. as and when this Court will sit. (Chaitali Chatterjee (Das), J.)