IN THE HIGH COURT AT CALCUTTA

CRIMINAL APPELLATE JURISDICTION

APPELLATE SIDE

BEFORE:

THE HON’BLE JUSTICE UDAY KUMAR

CRR 3494 of 2022 Amit Kumar Singh

Vs.

Pushpa Singh & Anr.

For the Petitioner : Mr. Asis Bhattacharyya For the Opposite Parties : Mr. Atis Kumar Biswas

Mr. Amit Singh

Hearing Concluded on : August 29, 2025

Judgment on : September 12, 2025

UDAY KUMAR, J.: –

1. This Court, in its exercise of revisional jurisdiction under Sections 401

and 482 of the Code of Criminal Procedure, 1973, has been called upon to examine the legality and propriety of the order dated 18.06.2022, passed by the Learned FTC-I Judge, City Sessions Court, Kolkata. The said order, arising from Criminal Appeal No. 108 of 2020, set aside an ex-parte order of the Learned Metropolitan Magistrate in a proceeding under the Protection of Women from Domestic Violence Act, 2005 (D.V.

Act).

2. The petitioner, the husband, challenges the order of the Appellate Court

on the ground that it erroneously set aside the Magistrate's order and remanded the matter for a fresh trial, thereby causing him prejudice and

ignoring his factual defences.

3. The matrimonial relationship between the petitioner, Amit Kumar Singh, and the opposite part