Crl.Petn./69/2025 of CHANDI SAHA AND 4 ORS. Vs DIPA SAHA on 15 April 2026

1. Shri Chandi Saha.

2. Smt Gita Rani Saha.

3. Smt Moni Saha@ Sutapa Saha.

4. Shri Sumit Saha@Durga Saha.

5. Smt Madhuri Saha. ...Petitioners

- versus – Smt Dipa Saha ...Respondent

Coram:

Hon’ble Mrs. Justice Revati Mohite Dere, Chief Justice Appearance: For the Petitioners : Mr S.A. Sheikh, Adv. with

Mr L.N. Arengh, Adv.

For the Respondent : Mr H. Singh, Adv.

Mr S. Sengupta, Addl PP

i) Whether approved for No

reporting in Law journals etc.:

ii) Whether approved for publication No

in press:

JUDGMENT: (Oral)

In view of the preliminary objection raised by the learned counsel for the respondent i.e., that the petitioner ought to have filed a revision application instead of approaching this Court directly in writ jurisdiction, learned counsel for the petitioners Serial No. 02 Daily List 2026:MLHC:338

seeks leave to withdraw the petition with liberty to file a revision application before the appropriate court.

2. The petition is, accordingly disposed of as withdrawn with liberty as prayed.

3. Needless to state, that if an application is filed seeking condonation of delay in filing the revision application, the time taken in this Court i.e., pendency of the criminal petition be taken into consideration, i.e., the petition was filed in October, 2025 challenging the summon dated 9th September, 2025.

4. Needless to also state, that this Court has not gone into the merits of the petition and as such, keeps all contentions of all parties on merits open.

5. The petition is, accordingly disposed of on the aforesaid terms.

(Revati Mohite Dere)

Chief Justice

2026:MLHC:338 Digitally signed by SYLVANA LIZ KHARBHIH Date: 2026.04.16 18:07:44 IST Signature Not Verified