Sampita Das (Nee Sadhukhan) v. State Of West Bengal And ANR

05.02.2024 Item no. 18 Ct.34 PG C.R.R 289 of 2024 Smt. Sampita Das (nee Sadhukhan) Vs.

The State of West Bengal & Anr.

Mr. Ramashish Mukherjee Mr. Amit Pan Mr. Abhrajit Roy Chowdhury .................for the petitioner The present revisional application has been preferred by one Sampita Das (nee Sadhukhan), who preferred an application under section 125 of the Code of Criminal Procedure before the learned jurisdictional Court being Miscellaneous Case No. 626 of 2020.The said case is pending before the learned Judicial Magistrate, 2nd Court, Barasat.

Records reflect that the opposite party no.2/husband on one reason or the other is delaying filing of the affidavits of assets in order to deter the Court from passing any interim relief. The next date of the case is fixed on 19th March, 2024. The learned Judicial Magistrate would take into account that if the affidavit of assets and/or any written objection is not filed on 19th March, 2024, the learned Judicial Magistrate would proceed to pass his order for interim maintenance and the same should be disposed of by 31st March, 2024.

The learned Judicial Magistrate would keep in mind that the application under section 125 of the Code of Criminal Procedure was filed on 23rd December, 2020. More than 3 years have passed

in the meantime and the lady is without any remedy before a court of law for sustenance.

With the aforesaid observations, C.R.R. 289 of 2024 is disposed of.

All parties are directed to act on the server copy of this order downloaded from the official website of this Hon'ble Court. (Tirthankar Ghosh, J.)