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2024 Supreme(Cal) 15

SHAMPA DUTT (PAUL)
Sushil Kumar Mohanka – Appellant
Versus
State of West Bengal – Respondent


Advocates appeared:
For the Appearing Parties:Krishnendu Bhattacharya, Avishek Guha, Priyankar Ganguly, Akansha Chopra, Sonal Agarwal, Neelanjana Ghorui, Sarmistha Basak, Meenal Sinha, Priyanka Parida, Arijit Ganguly, Debjani Sahu, Advocates.

JUDGMENT

1. The present application has been preferred praying for recall of the judgment and order dated 24.01.23 passed by this Court disposing of the criminal revision on merit and thereby quashing the proceeding being no. 4312/2018 arising out of Newtown Police Station Case No. 437/2018 dated 11.10.2018 under Section 498A of the Indian Penal Code and Charge sheet No. 10/2019 dated 15.01.2019 under Section 498A of the Indian Penal Code.

2. The said prayer has been made invoking Section 362 of the Cr.P.C.

3. The applicant/opposite party no.2’s case is that the impugned order has been obtained by presenting fraudulent facts before this Court and for this reason the said order needs to be recalled since it has caused irreparable loss to the opposite party no. 2.

4. That the petitioner has kept this Court in darkness while mentioning the address as Uniworld City Cascades, Tower 3, Flat no. 901, Kolkata-700156, Rajarhat, whereas she was forced out of the said flat in November, 2020 by the petitioner no. 1, 2 and 3 and was forced to shift downstairs in the same tower in flat 002 (duplex) ground floor where the entire family shifted by 22nd November, 2020 and in which flat she is also a 2

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