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2009 Supreme(Cal) 759

Raghunath Ray
Subhadip Laskar – Appellant
Versus
Sanjukta Laskar (Nee Sarkar) – Respondent


Advocates Appeared:
Tarun Kumar Ghosh, Arundhati Banerjee, Ranabir Roy Choudhury, S.Chatterjee, D.Chakraborty

JUDGMENT:

Raghunath Ray, J.

1. AN application praying for restoration of CRR No. 2546 of 2009 in its original file and number has been registered as CRAN 2025 of 2009. It has also been prayed inter alia therein that order dated 24.07.09 passed by S. P. Mitra, J, in CRR No. 2546 of 2009 should be recalled or set aside,

2. THE main grievance of Dr. Subhadip Laskar, petitioner husband is that the revisional application filed at his instance has been dismissed ex parte without affording him a reasonable opportunity of being heard. THErefore, his modest prayer is that in the interest of justice order impugned should be recalled/set aside in order to enable him to put forward his view points through his Counsel for proper adjudication of the revisional application.

To appreciate the controversy raised in this application under section 482 Cr. PC against the backdrop of the gamut of the matter, the factual matrix leading to filing of such restoration petition is to be dealt with in a short campass.

3. BY filing a revisional application under section 401 read with section 482,Cr. PC the husband, revisionist has sought to challenge the order dated 02.06.2009 passd by the id. ACJM, Alipur, 24































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