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2025 Supreme(Online)(Cal) 3555

CALCUTTA HIGH COURT
Subhendu Samanta, J
Mowsumi Khatun – Appellant
Versus
State of West Bengal – Respondent


Advocates:
For the Appellants/Petitioners: Mowsumi Khatun, Manas Kumar Chakraborty
For the Respondents: Sonal Sinha, Ashmita Chakraborty

In Re. IA CAN 1 of 2025 This is an application for recalling of an order dated February 26, 2025 passed by this Court in WPA

2578 of 2025.

It is the contention of the petitioner that the petitioner was proceeding with this writ petition but suddenly came to know that the writ petition was disposed of as not pressed on instruction of the petitioner. By such way, this Court has disposed of the writ petition on February 26, 2025.

It is the contention of the petitioner that she has not instructed his advocate on record to “not press” writ petition. By filing of this application being CAN 1 of 2025 through affidavit, the petitioner has prayed before this Court that the writ petition may be revived.

Learned counsel appearing on behalf of the writ petition has also placed on record the judgment of Hon’ble Supreme Court passed in Mahabir & Ors. Vs. State of Haryana passed in Criminal Appeal No. 5560 of 2024 wherein the paragraph 96, the Hon’ble Supreme Court has held that client should not be suffered for mis-instruction of lawyer.

The State has filed affidavit-in-opposition against the application being CAN 1 of 2025 and contended that once the writ petition was “not pressed” at the instructio

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