- (1.)Feeling distraught with the order of the learned Additional Chief Judicial Magistrate, Sealdah of 27.08.2002 whereby the opposite party No. 2 was granted bail upon his production on the very first day the petitioner who is the de facto complainant of G. R. Case No. 1725 of 2002 and on the basis on her complaint section police station Case No. 164 dated 19.8.02 under sections 498A, 467, 468, 471, 406, 419, 420 and 120B of the Indian Penal Code was registered for investigation seeks to cancel the same by filing this application before this Court on 25.9.02. Pursuant to an order of a Division Bench of this Court notice was sent upon the opposite party by registered post with Acknowledgement Due Card.
(2.)When the matter appeared before us on 07.4.03 from the affidavit-of- service filed by Mr. Mukhejee, learned Advocate appearing on behalf of the petitioner we found that there was intimation was sent. Inscription on the reverse of the envelope 'intimation' under the dtated signature of 16.1.03 and on the address it was superscribed N. C. After having heard the learned Advocate for the petitioner on the prayer of the State we adjourned the matter till 09.4.2003 for enabling it to produce the case diary.
(3.)Again on 09.4.03 when we took up the matter in presence of the learned Advocate for the petitioner and the State Mr. Santanu Mitra appeared on behalf of the accused opposite party and submitted that he has not received any notice. As such, the notice filed along with affidavit-of-service along with a copy of the application was handed over to Mr. Mitra in Court by the learned Advocate for the petitioner. It is pertinent to record here that on that date Mr. Mitra submitted that his client did not whatsoever receive any notice and to our query as to then how he could appear along with the accused opposite party No. 2, who was personally present in Court, Mr. Mitra divulged that the Investigating Officer sent an information to the opposite party No. 2 which was flatly denied by her; then the stand was changed and it was submitted that a constable of the department had informed. Be that as it may we did not wish to allow washing dirty linen in Court and accordingly, directed that a copy be given as discussed hereinabove.