Smt Archana Das v. Tapan Kr Das

15.02.2022

IN THE HIGH COURT AT CALCUTTA

Item No.48 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 644 of 2019 (Via Video Conference) Smt. Archana Das versus Tapan Kumar Das In Re: An Application under Sections 401/482 of the Code of Criminal Procedure filed for challenging Order No.2 dated 14.02.2019 passed by the learned Judicial Magistrate, 1st Court, Contai, Purba Medinipur in Misc. Execution Case No. 81 of 2018.

The petitioner approached this Court challenging the order dated 14.02.2019 passed by the learned Judicial Magistrate, 1st Court, Contai, Purba Medinipur in Misc. Execution Case No. 81 of 2018. The grievance of the petitioner is that only a sum of Rs.1000/- was deposited by the opposite party and the learned Magistrate without compelling to pay rest of the arrears, allowed the proceedings to continue and fixed a longer date.

Having regard to the purpose for which the revisional application was preferred before this Court, I direct the learned Judicial Magistrate, 1st Court, Contai, Purba Medinipur to dispose of the Misc. Execution Case No. 81 of 2018 (if not already disposed of) within a period of 60 days from the date of communication of this order. The learned Magistrate would be at liberty to exhaust harsher process of law, if it is required for the purpose of the case. With the aforesaid observations, the revisional application being CRR 644 of 2019 is disposed of.

All pending connected applications, if any, are consequently disposed of.

Department is directed to communicate this order to the learned Judicial Magistrate, 1st Court, Contai, Purba Medinipur within a period of seven days from date. 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.)