The High Court allowed the petitioner to withdraw a revisional application filed in the civil court under Section 24 CPC against a maintenance proceeding. The application was subsequently restored in the appropriate criminal forum.
C.O. 3687 of 2022 dismissed as withdrawn; liberty granted to approach appropriate forum; revisional application restored.
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1.2.2023 167 Ct. no. 652 sb
C.O. 3687 of 2022 With CAN 1 of 2022
Smt. Rupasree Paul Vs. Arnab Dutta
Ms. Lokenath Chatterjee Mr. Sukanta Ghosh …for the Petitioner
Mr. Koustav Bagchi Mr. Debayan Ghosh Ms. Priti Kar …for the opposite party
Re: CAN 1 of 2022
The present application has been preferred against an order passed in a proceeding under Section 125 of the Code of Criminal Procedure. The said proceeding was dismissed for default on 15.12.2022. The petitioners want to restore the revisional application after recalling the order dated 15.12.2022. The grounds shown in the application are sufficient.
Therefore, C.O. 3687 of 2022 is restored in its original file and number.
Accordingly, CAN 1 of 2022 is disposed of.
Re :C.O. 3687 of 2022
Learned counsel for the petitioners submits that this revisional application has been preferred against the proceeding being Maintenance case no. 803 of 2021
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passed by the learned 4th Judicial Magistrate, Barrackpore. He further submits that due to inadvertence, it has been filed before this court under Section 24 of the Code of Civil Procedure. Accordingly, he seeks for withdrawal of the same in order to file it before the appropriate forum under the relevant provision of law.
Learned counsel for the opposite party raised objection against his prayer contending that such liberty of withdrawal should not be given to the opposite party.
Considering the submissions made by both the parties, I am of the view that the client must not be victimised for choosing wrong forum at the instruction of lawyer and as such I do not find any merit in the opposition raised by the opposite party.
Let C.O. 3687 of 2022 be dismissed as withdrawn.
However this order of dismissal will not preclude the petitioner to make similar prayer before appropriate forum subject to limitations laid down under the law.
Liberty is also given to the petitioner to take back the certified copy of the order impugned, on filing an authenticated copy in the record.
(Ajoy Kumar Mukherjee, J.)
2 issues framed by the court
Whether the petitioner is entitled to withdraw a revisional application mistakenly filed in the civil court under Section 24 CPC against a maintenance proceeding.
Whether the petitioner should be allowed to seek restoration of the revisional application in the appropriate forum.
2 provisions across 2 enactments
Smt. Rupasree Paul
Arnab Dutta
Ajoy Kumar Mukherjee
As recorded by the court registry
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