LALU MONDAL Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Though this case does not bear any special feature, yet for appreciation of rival claims, the facts of the case when brought to a close reveals brat the petitioner-revisionist preferred a revision against an order of the learned SDJM Alipore, 24-Pargamas (S) in Behala, P.S. Case No. 306(5) of 1993, principally generated for committing offences under sections 320/406 & 120B of the Indian Penal Code.

(2.) The petition, since listed for hearing, as contested application, a direction was given on the petitioner on 4th of August,.1993, to serve copy of the application upon the State, through the learned Public Prosecutor, High Court and also the other opposite party, either personally or by Registered Post with A.D. and file affidavit-of-service at the time of hearing. Most unfortunately, when the revision was called on for hearing on 20.8.1993, none appeared nor any affidavit-of-service had been filed. In consequence, the revisional application, however, stood dismissed. Interim order, if any, stood vacated. Therefore, the revision, in the background of the aforenoted set of facts, lost its Incarnation which was animated or revived by an order of my learned brother dated 25.8.1993.

(3.) Thereafter, the revision was set down to hearing on 20.12.93, and my learned brother allowed the revisional application directing release of the vehicle in question in the jimma of the petitioner upon executing a bond of Rs. 70,000/- on being satisfied about the service authenticated by an affidavit, which, according to the present petitioner is the sore of this litigation and sought to have been healed up by a prayer for recall of the order dated 28th December, 1993.