CRR 3367 of 2019
In the matter of : Neeta Kothari
– 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. )