Sajal Kumar Sarkar v. State Of West Bengal & ORS

10.08.2022 Item No. 30 Ct. No.40 d.g.

CRR 4099 of 2012 Sajal Kumar Sarkar vs.

The State of West Bengal & Ors.

Mr. Chandra Sekhar Banerjee, Mr. Shamit Dutta.

... for the OP no. 4 Mr. Madhu Sudan Sur, Ld. APP., Mr. Manoranjan Mahata.

... for the State Mr. Madhu Sudan Sur, along with Mr. Manoranjan Mahata, learned Counsels, appear for the State. Their appointment may be regularized.

Departmental note dated 4th August, 2022 shows service of administrative notice upon the petitioner as well as the Opposite party nos 2 to 8. Although served on the petitioner on 30th June, 2022, the petitioner is absent today. The present petitioner filed a complaint under Section 156(3) of the Code of Criminal Procedure against the opposite parties. It is allegation of the present petitioner that Saswati Das was married to the petitioner though she was a mental patient. Mentally illness was suppressed at the time of marriage.

The Trial Court dismissed the complaint under Section 203 of the Code of Criminal Procedure. The order was upheld by the Revisional Court without any interference against the impugned order, dated 10.09.2012

passed by the Additional SessionsJudge, Sealdah. The instant application is filed under Section 482 of the Code of Criminal Procedure.

There is a concurrent findings of both the Court below. Hardly, there is any scope to interfere into concurrent finding where there is no flaw either in the application of law or appreciation of fact by the Court below. Accordingly, the impugned order is not interfered with by this Court.

Accordingly, the instant application stands disposed of.

(Sugato Majumdar, J.)