Sunil Ratnakar Gutte and Others v. State of West Bengal and Anr.
Case brief
What is this about?
Dismissal of criminal revision application (CRR 2221 of 2025) for incurable procedural defects — want of proper affidavit and affirmation held a material defect going to the root of competency; liberty granted to file afresh on same subject matter with due affirmation; interim order vacated; connected applications disposed; no costs. Parties: Sunil Ratnakar Gutte & Ors. v. The State of West Bengal & Anr. Judge: Uday Kumar, J. Date: 09.12.2025. Keywords: preliminary objection, incompetency, procedural defect, affidavit, affirmation, dismissal with liberty to file afresh.
What did the court decide?
Liberty to the petitioner to file a fresh application on the same subject matter with strict adherence to proper form and legal requirements including due affirmation; interim order, if any, vacated forthwith; connected applications disposed of in light of the order; no order as to costs.