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 o