Kamrul Molla And Another v. State Of West Bengal And Another

C.R.R. 1486 of 2020 Court No.

Item.1 ssi (via video conference) 10.11.

In the matter of :- Kamrul Molla & ors.

Mr. Dhiman Ray Mr. Dip Chanda .....for the petitioners The revisional application is directed against an order dated 27th February, 2020 passed by the Sessions Judge, North 24 Parganas, in Criminal Revision No. 52 of 2020.

The opposite party had challenged the order of status quo passed by the Executive Magistrate before the Session Judge. This court notes that the dispute is primarily civil in nature and the Session Judge was justified in staying the order of status quo. The conduct of the revisionist is also far from satisfactory. The impugned order passed in 27th February, 2020 and the revisionist move this Court in vacation after 8 months. Apart from the fact that there is no urgency in the matter, the revisional application is itself without merit.

The counsel for the petitioners also submits that there is a civil suit pending before the learned First Civil

Judge, Junior Division, Barasat being Case No. 100 of 2020 in respect of self-same cause of action i.e. title to property and dispute in respect of alleged construction being made by the opposite party.

Hence, the CRR 1486 of 2020 is dismissed.

However, there shall be no order as to costs. (Rajasekhar Mantha, J.)