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Calcutta High CourtCO/16/2025dismissed as withdrawn

Smti. Vijaya Raghavi And ANR v. Shri.R.S.Vanmeeka Nathan

2025-03-12Hon'Ble Justice Raja Basu Chowdhury1 pages

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] *** CO/16/2025 Smti. Vijaya Raghavi and Another Vs.

Shri R. S. Vanmeeka Nathan Ms. Vinita Devi ... for the petitioners Mr. V. D. Sivabalan ... for the respondent March 12, 2025 [AKB] Item No.1 1.

The petitioners seek expeditious disposal of a proceeding under Section 125 of the Code of Criminal Procedure pending before the learned Judge, Family Court, Port Blair, South Andaman District, in Misc. Case No. 80 of 2023. 2.

Considering the fact that this application is an independent application and has not been filed in connection with any matrimonial suit as submitted, I am of the view that this application may not maintainable in a proceeding under Article 227 of the Constitution of India. At this stage on the prayer of the learned advocate appearing for the petitioners, leave is granted to the petitioners to withdraw the instant application with liberty to file afresh on the self-same cause of action, as an appropriate criminal motion.

3.

The application being CO/16/2025 accordingly stands dismissed as withdrawn.

( Raja Basu Chowdhury, J. )