IN THE HIGH COURT AT CALCUTTA Circuit Bench at Jalpaiguri 08.07.2026 Item No. 84 Ct. No. 5 CRR/492/2025 S.De In Re:- An application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023. In the matter of : ABDUL QUDDUS FAKIR@KUDDUS FAKIR AND ORS … Petitioners. Mr. Surojit Basu Mr. Puspen Barman Mr. S. Bhowmik …for the Petitioner. Mr. Panchali Deb Sikder Mr. Debabrata Rai Mr. Shyamal Barman … for the State Mr. Hillol Saha Podder …for the Opposite Party No.2 1. So far as the allegation of the petitioner that the complaint of the opposite party No.2 before the Trial Court was not maintainable due to the fact that it was not accompanied with a duly sworn in affidavit by the Opposite Party No. 2/Complaint, is concerned, the said grievance of the petitioner is found not to be maintainable. Mr. Hillol Saha Podder, learned advocate for the Opposite Party No.2 has produced the certified copy of the affidavit 2 said to be there available in the record of the learned Trial Court. 2. Be that as it may, Mr. Basu for the petitioner seeks to withdraw the present criminal revision with liberty to file a fresh. 3. Conceding to his request, it is directed that the instant criminal revision is disposed of as withdrawn with liberty granted to the petitioner to file the same afresh. 4. Let the certified copy submitted in Court by Mr. Saha Poddar be taken on record. (Rai Chattopadhyay, J.)