LAWS(CAL)-2024-1-58

SUSHIL KUMAR MOHANKA Vs. STATE OF WEST BENGAL

Decided On January 24, 2024
Sushil Kumar Mohanka Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) The present application has been preferred praying for recall of the judgment and order dtd. 24/1/23 passed by this Court disposing of the criminal revision on merit and thereby quashing the proceeding being no. 4312/2018 arising out of Newtown Police Station Case No. 437/2018 dtd. 11/10/2018 under Sec. 498A of the Indian Penal Code and Charge sheet No. 10/2019 dtd. 15/1/2019 under Sec. 498A of the Indian Penal Code.

(2.) The said prayer has been made invoking Sec. 362 of the Cr.P.C.

(3.) The applicant/opposite party no.2's case is that the impugned order has been obtained by presenting fraudulent facts before this Court and for this reason the said order needs to be recalled since it has caused irreparable loss to the opposite party no. 2.