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2026 DAILYLAW 33658 (CAL)

RANJEET MUKHERJEE v. STATE OF WEST BENGAL AND ANR

CRR/3185/2026 · 2026-08-05

Shampa Dutt Paul

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

5.8.2026 9 sb Ct. No. 30 CRR 3185 of 2026 Ranjeet Mukherjee Vs. The State of West Bengal & Anr. Mr. Ayan Bhattacharjee, Sr. Adv. Mr. Apalak Basu Mr. Shounak Mondal Mr. Nikhil Kumar Gupta …for the Petitioner 1. The revisonal application has been preferred challenging the judgment and order dated June 30, 2026 passed by the learned Additional Sessions Judge, 9th Court, Alipore, South 24 Parganas in connection with Criminal Revision No. 66 of 2025, thereby dismissing the criminal revision on contest and confirming the order dated July 08, 2025 passed by the Court of the learned Judicial Magistrate, 6th Court, Alipore, South 24 Parganas in Misc. Case no. 546 of 2023. 2. It is the case of the petitioner that the learned Trial court and the appellate court vide the impugned judgment and order dated 30th June, 2026 dismissed the petitioner’s challenge as to the maintainability of the proceedings under Section 125 of the Code of Criminal Procedure in view of the judgment passed by this court in CRR 1372 of 2020 dated 21.4.2024, wherein this court had quashed the proceedings against the petitioner herein, which were under Section 498A/406/34 of the Indian Penal Code and Section 4 of the Dowry Prohibition Act. 2 3. The petitioner’s case as argued in the said case, was noted by the court at paragraph 11, which is as follows: “the petitioner no. 1 states that he has filed a petition for cancellation of the marriage certificate on the ground of nullity as the marriage has not been consummated.” 4. It is submitted that the said proceedings for cancellation and declaration of nullity of marriage is still pending. Thus, the point of maintainability as to the proceedings under Section 125 of the Code of Criminal Procedure, as raised by the petitioner before the Trial court is admittedly not maintainable at this stage. 5. Considering that the proceeding for cancellation and declaration of nullity of marriage has not yet been decided, this court finds no irregularity or illegality in the impugned orders challenged in the revisional application. 6. Accordingly, the revisional application is disposed of with liberty granted to the petitioner to move the Trial court with a prayer for stay of the proceedings, which the learned Magistrate shall decide in accordance with law without being influenced by any observation made herein. 7. The revisional application being CRR 3185 of 2026 is thus disposed of. 8. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance with all requisite formalities. (Shampa Dutt (Paul), J.)