The Calcutta High Court dismissed a Criminal Revision under Sections 397 & 401 Cr.P.C. as a belated application, holding that no interference could be made after more than two and a half years elapsed from the impugned order.
Revisional application CRR 332 of 2021 is dismissed.
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IN THE HIGH COURT AT CALCUTTA 02-12-2022 Criminal Revisional Jurisdiction Subha Item no.09 CRR 332 of 2021 Ct no.34
CRR 332 of 2021 Anirban Kundu -versus Smt. Shovona Seth
Re : An application under Sections 397 & 401 of the Cr.P.C.
This revisional application was filed against the order dated 13.03.2020 passed in Misc. Case No. 27 of 2019 by the learned Judicial Magistrate, 1st Court, Howrah.
I find from the said order that the learned Magistrate assessed the issues which were raised by the present petitioner and arrived at his finding that the said application was filed to frustrate and disown the liability of maintenance. More than two and half hears have passed, since the order was passed by the learned Magistrate.
Having regard to the time period, which has elapsed, I am of the opinion that no interference can be made at this belated stage.
Accordingly, the revisional application being CRR 332 of 2021 is dismissed.
Pending applications, if any, are consequently disposed of. All concerned parties are to act in terms of a copy of this order duly downloaded from the official website of this court.
[Tirthankar Ghosh, J]
2
1 issue framed by the court
Whether this court can entertain a belated revisional application filed more than two and a half years after the impugned order?
1 provisions across 1 enactments
Anirban Kundu
Smt. Shovona Seth
Tirthankar Ghosh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
