Kusum Saha v. Susanta Kumar Saha

19.03.2024

IN THE HIGH COURT AT CALCUTTA

Item No.150 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 1149 of 2024 In the matter of : Kusum Saha ... Petitioner.

Mr. Soumya Basu Roy Chowdhuri ... For the Petitioner.

Learned advocate appearing for the petitioner prays for expeditious disposal of Misc. Case No. 166 of 2015 which is a proceeding under Section 125 of the Code of Criminal Procedure and is pending before learned Judicial Magistrate, 1st Municipal Court, Howrah.

I find from the records of the case that for more than nine years, the present proceedings are pending, even an execution case is pending for recovery of the arrears. Having regard to the totality of the circumstances, I direct the learned Judicial Magistrate, 1st Municipal Court, Howrah to dispose of the main case being Misc. Case No. 166 of 2015 by fixing at least one date in every 15 days so that trial of the case can be taken to its logical conclusion within a reasonable period of time.

If the learned court is of the opinion that the arrears have accumulated and the opposite party is reluctant to pay the same, in that case the learned trial court or the executing court will not deter from exhausting harsher process of law. With the aforesaid observations, the revisional application being CRR 1149 of 2024 is disposed of. Pending connected application, if any, is consequently disposed of.

All concerned 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.)