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Calcutta High CourtCRR/174/2024disposed

Krittika Banerjee(Minor) Repd By Tarun Kumar Sarkar v. Gopal Banerjee

2024-01-31Hon'Ble Justice Tirthankar Ghosh2 pages

31.01.2024

IN THE HIGH COURT AT CALCUTTA

Item No.76 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 174 of 2024 Krittika Banerjee versus Gopal Banerjee Mr. Sabyasachi Chatterjee, Mr. Omor Faruk Gazi, Mr. Sandipan Das, Mr. Badrul Karim, Mr. Sarajit Roy ... For the Petitioner.

Learned advocate appearing for the petitioner submits that the petitioner is minor represented by her grandfather and she filed an application under Section 12 of the Protection of Women from Domestic Violence Act for interim monetary relief. Till date as it is revealed from the records of the case that learned Judicial Magistrate, 2nd Court, Suri, Birbhum in connection with Misc. Case No. 102 of 2020 is granting time for written objection to be filed at the instance of the opposite party.

Having regard to the fact that the application was filed in the year 2020 and more than three years have passed, the learned Judicial Magistrate, 2nd Court, Suri, Birbhum would dispose of the application for interim monetary relief as prayed for by the petitioner on the next date so fixed or at least by 16.02.2024. The learned trial court should appreciate the plight of the minor who has lost her mother and is living at the charity of the grandfather.

The learned Magistrate would thereafter fix at least one date in a month for the purposes of Misc. Case No. 102 of

2020 so that trial of the case can be taken to its logical conclusion within a reasonable period of time. It is further directed that the learned trial court while granting interim monetary relief would take into account the expenses of the petitioner including her education and other allied expenses and give an explanation while awarding the quantum of monetary relief.

With the aforesaid observations, the revisional application being CRR 174 of 2024 is disposed of. Pending connected application, if any, is consequently disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)