Chandi Charan Patra vs State of West Bengal

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Cal) 240

IN THE HIGH COURT AT CALCUTTA
AJOY KUMAR MUKHERJEE
Chandi Charan Patra – Appellant
Versus
State of West Bengal – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Mr. Swapan Kumar Mallick, Mr. Sayan Mukherjee
For the State : Ms. Sreyashee Biswas, Mr. Manoranjan Mahata
For the Respondent: Mr. Sarbananda Sanyal, Mr. Sounak Mandal

JUDGMENT :

Dr. Ajoy Kumar Mukherjee, J.

1. Petitioner herein has assailed the impugned judgment and order dated 15.07.2017, passed by Learned Additional Sessions Judge, FTC 2nd Court, Tamluk, in Criminal Revision No. 194 of 2016, whereby and whereunder the court below set aside the trial Court’s order of discharge passed in favour of the petitioner herein, dated 28th October, 2016 and thereby requested the trial court to record evidence of the witnesses of the opposite party/complainant and thereafter to pass an order as per the provisions of law.

2. Being aggrieved by the order passed by the court below, learned counsel for the petitioner submits that the petitioner herein by dint of an agreement for sale, filed a suit for specific performance of contract and said suit being Other Suit no. 88 of 1993 was decreed in favour of the petitioner and the court directed the defendant to execute sale deed in favour of petitioner herein in respect of the suit property vide judgement dated 22nd March, 2011. Thereafter failure on the part of the defendant, the deed was executed by the executing court in favour of the petitioner in Execution Case no. 2 of 2012 by an order dated 23rd November, 20

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