RABINDRA NATH BAG Vs. PARTH SARATHI BAG

JUDGEMENT

(1.) THIS is an application under Article 227 of the Constitution of India is directed against Order No. 66 dated 4th January, 2008 passed by the learned Civil Judge (Senior Division), First Court, hooghly, in Title Suit No. 150 of 2003, thereby allowing an application under section 195 of the Code of Criminal Procedure thereby lodging a complaint against the defendant and his son under Section 195 (1 ) (a) (i) of the Code of criminal Procedure before the Court of Additional Chief Judicial Magistrate at Chandernagore by treating the same as a written complaint by invoking poser under Section 340 of the Code of Criminal Procedure. This application has been assigned to this Bench by the Hon'ble Chief Justice on the basis of an order dated 16th June, 2008 passed by Jyotirmay Bhattacharya, J.

(2.) WHEN this application was moved before Jyotirmay Bhattacharya, j, His Lordship released the matter from His Lordship's list and directed the same to be placed before the Hon'ble Chief Justice for passing necessary order of assignment before a Division Bench in view of the earlier decision of His Lordsnip in the case of Sudakshina Ghosh v. Arunangshu Chakraborty reported in (2008)1 WBLR (Cal) 695 wherein His Lordship held that a revisional application challenging an order passed by a Trial Judge on the application under Section 195 read with Section 340 of the Code of Criminal procedure is required to be heard by a Division Bench of this Court in its civil revisional jurisdiction as per the provision of the Appellate Side Rules framed by this Court.

(3.) CONSEQUENTLY, the Hon'ble Chief Justice has assigned the matter before this Bench for disposal.