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Calcutta High CourtCRR/4992/2023disposed

Avijit Dutta And Others v. Nayna Das @ Dutta

2024-01-04Hon'Ble Justice Tirthankar Ghosh2 pages

g.b.

04.01.2024 Court No.34 CRR 4992 of 2023 Avijit Dutta & Ors.

Vs.

Nayna Das @ Dutta Mr. Apurba Kumar Datta .......For the Petitioners Le The present revisional application has been preferred in respect of the continuation of a proceeding being Misc. Case No. 394 of 2023 pending before the learned Chief Judicial Magistrate, Paschim Bardhaman.

The said proceeding is under Section 12 of the Protection of Women from Domestic Violence Act. As the statutory appeal under Section 29 of the Protection of Women from Domestic Violence Act is available before the learned Sessions Judge, I am of the view that the petitioners would first exhaust such remedy prior to approaching the High Court. In case there is any delay, the learned appellate court will consider the time period consumed for pendency of the present revisional application.

With the aforesaid observation, CRR 4992 of 2023 is disposed of.

Department is directed to return the certified copy to the learned advocate on record for the petitioners upon replacing with a photocopy thereof.

All parties are directed to act on the server copy of this order duly downloaded from the official website of this Hon'ble Court.

(Tirthankar Ghosh, J.)