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Neeta Kothari vs Mr. Ayan Bhattacharjee on 28 November, 2019



CRR 3367 of 2019

In the matter of : Neeta Kothari
….. Petitioner.

– And –

Mr. Ayan Bhattacharjee
Ms. Sananda Ganguli
….. for the petitioner.

Ms. Sayanti Santra
….for the State.

Affidavit of service filed by the petitioner be kept

with the record.

Petitioner has approached before this court by filing

an application under Section 482 of the Code of Criminal

Procedure, 1973 challenging the order being Order No. 10

dated November 4, 2019 passed by the learned Additional

Sessions Judge, 1st Court, Alipore, South 24 Parganas in

Criminal Motion No. 33 of 2019.

By the impugned order, the learned Additional

Sessions Judge has vacated the order of stay granted vide

Order dated January 18, 2019. The order dated 18.01.2019

was passed to stay the order the dated December 5, 2018

granted by the learned Chief Judicial Magistrate, Alipore,

South 24 Parganas in connection with Tollygunge P. S.(DD)

Case No. 177 of 2018 dated June 25, 2018 under Sections

498A/Section406/Section34 of the Indian Penal Code read with Sections 3

and Section4 of the Dowry Prohibition Act.

Petitioner has filed affidavit of service as per

direction issued on November 26, 2019. Let it be kept on


Heard the submissions made by the learned

advocate appearing for the State and the learned counsel for

the petitioner at length. Perused the impugned order.

Criminal Motion No. 33 of 2019 has been preferred

before the learned Sessions Judge, Alipore challenging the

impugned order dated December 5, 2018. The petitioner got

an order of stay of the said impugned order.

The learned Additional Sessions Judge, Alipore

vacated the interim order of stay granted to the petitioner

after observing that the revisionist/petitioner in her petition

dated August 1, 2019 made some baseless and frivolus

aspersion against the Court regarding the missing of three

pages from the record of the said Criminal Motion no. 33 of


It is clear that the criminal motion being Criminal

Motion No. 33/19 is pending for disposal before the learned

Additional Sessions Judge, Alipore.

I think justice would be sub-served if the order of

stay is revived till the disposal of the Criminal Motion being

Criminal Motion No. 33/19. It appears that the next date for

hearing of the said criminal motion has been fixed on

December 4, 2019.

Learned Additional Sessions Judge, Alipore is

requested to dispose of the said criminal motion within a

period of one month from the date of communication of a copy

of this order.

Thus, the revisional application being CRR 3367

of 2019 is disposed of.

Urgent certified website copies of this order, if

applied for, be made available to the parties upon compliance

with the requisite formalities.

( Madhumati Mitra, J. )

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