Revisional application under Section 482 CrPC seeking release from custody for medical treatment was dismissed as the prayer had become infructuous due to the petitioner's inaction and the passage of time since filing. No interim order was passed.
The revisional application was dismissed. No interim order was passed.
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17.06.2022 S/L No.10
KS
C.R.R. 277 of 2016 Dipti Das -Vs.-
The State of West Bengal
On call none appears for the petitioner and opposite party.
The petitioner has filed this revisional application under Section 482 of the Code of Criminal Procedure filed by the petitioner praying for setting aside of the order dated 22.12.2015 passed by Learned Additional District & Sessions Judge, 4th Court, Alipore, South 24 Parganas in Sessions Case No.11 (09) of 2015 arising out of Behala Police Station Case No.169 of 2015 dated 10.04.2014 under Section 20(b)(ii)(c)/29 of the Narcotic Drugs and Psychotropic Substances Act, 1985 whereby Learned Judge was pleased to reject the petition filed by the petitioner for her release for a short period of two months for medical treatment.
Since filing of this application the petitioner has not taken any step for admission of the application. Considering the subject matter of this revisional application, I am of the considered view that this prayer for her release from custody has become infructuous after such length of time.
Accordingly, the revisional application is dismissed.
No interim order has been passed in favour of the petitioner.
Let a copy of this order be communicated to Learned Additional District & Sessions Judge, 4th Court, Alipore, South 24 Parganas for information.
2
All parties shall act on the server copy of this order downloaded from
the official website of this Court.
(Ananda Kumar Mukherjee, J.)
2 issues framed by the court
Whether the revisional application praying for release from custody should be allowed after such a length of time.
Whether the prayer for release has become infructuous.
2 provisions across 2 enactments
Dipti Das
The State of West Bengal
Ananda Kumar Mukherjee
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
