Rajib Banerjee v. Debabrata Banerjee

12.12.2023

IN THE HIGH COURT AT CALCUTTA

Item No.279 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 4640 of 2023 In the matter of : Rajib Banerjee ... Petitioner.

Mr. Supriyo Chattopadhyay, Mr. Sudip Kumar Maiti, Mr. Samaresh Ch. Dhara ... For the Petitioner.

Learned advocate appearing for the petitioner has drawn the attention of the Court to the earlier judgement and order dated 30.03.2023. In the said judgement the dates were fixed for payment with instalment. An application for extension has been filed pursuant to warrant of arrest being issued by the learned Judicial Magistrate, 4th Court, Durgapur in connection with C.R. Case No. 679 of 2015. The learned Magistrate has categorically observed regarding noncompliance of the order of the High Court in CRR 2025 of 2021.

Having regard to the prayers which have been advanced, I am of the opinion that this Court is not empowered to extend such time limit. The petitioner will exhaust his remedies before the learned Magistrate in seisin of the matter in view of the settled position of law as has been pronounced by the Hon'ble Supreme Court.

The revisional application being CRR 4640 of 2023 is, thus, dismissed.

Pending connected application, if any, is consequently disposed of.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)