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2026 DAILYLAW 46330 (CAL)

PINTU DEY v. STATE OF WEST BENGAL AND ANR

CRR/4380/2026 · 2026-10-06

Ajay Kumar Gupta

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

06.10.2026 Serial nos. 82 [AN] Ct. No. - 39 CRR/4380/2026 In re : An Application under Section 482 of the Code of Criminal Procedure, 1973 -And- In the matter of : Sri Pintu Dey … … Petitioner. Mr. Surajit Basu Mr. Sougata Mitra Ms. Jasika Alam Mr. Nikhil Gupta Ms. Soma Chakraborty Mr. Subhradeep Majumder … for the petitioner 1. Supplementary affidavit, filed on behalf of the petitioner in Court today, is taken on record. 2. By filing this revisional application, the petitioner seeks for quashing of the entire proceedings filed under Section 144(1) of the BNSS, 2023, including the orders dated 12th December, 2025 and 16th January, 2026. 3. By the said order, the application was fixed for ex parte hearing. 4. Learned advocate appearing for the petitioner submits that the opposite party/wife has left the matrimonial home without any realm or reason; as such, there is no scope for allowing maintenance in her favour. She has also lost a criminal case filed against her husband and in-laws under Section 498A of IPC, which she had lodged falsely by making frivolous allegations. The said criminal case was quashed by 2 this Hon’ble Court in a Revisional application being CRR No. 2155 of 2022 vide order dated 11th September, 2025. If the petitioner is not allowed to contest the proceedings, he will suffer injury that cannot be compensated in any manner. Therefore, he prays for the petitioner to be allowed to contest the case before the Trial Court. 5. In the above backdrop and submission made by the learned counsel for the petitioner, this Court prefers to dispose of this application with a direction that the petitioner may be allowed to contest the proceedings pending before the learned trial court under Section 144 of the BNSS, 2023, if the case has not already been disposed of. 6. The learned trial court is directed to allow the petitioner to contest the case without giving unnecessary adjournment to the parties and decide the same as expeditiously as possible, independently and in accordance with law. If necessary, reasonable costs may be imposed upon him. 7. With the above observations and directions, CRR 4380 of 2026 stands disposed of. Consequently, connected applications, if any, also stand disposed of. 8. Interim order, if any, stands vacated. 9. Let a copy of this order be communicated to the learned trial court for necessary compliance. 10. All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court. 3 11. The concerned Department is directed to supply urgent certified Photostat copy of this order to the parties, if applied for, upon compliance of all necessary formalities. (Ajay Kumar Gupta, J.)