Elina Dasgupta Dutta v. State Of West Bengal And ANR

04.04.2024

IN THE HIGH COURT AT CALCUTTA

Item No.69 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 1335 of 2024 In the matter of : Elina Dasgupta Dutta ... Petitioner.

Mr. Ayan Bhattacherjee, Mr. Apalak Basu, Ms. Sanghamitra Mridha, Mr. Soumyajit Chakraborty ... For the Petitioner.

Ms. Sutapa Sanyal, Mr. Debdeep Sinha, Mr. Dipta Dipak Banerjee ... For the Opposite Party No.2.

The order dated 13.03.2024 passed by learned Judicial Magistrate, 8th Court, Alipore reflects that the next date has been fixed on 17.04.2024 for filing written objection by the opposite party no.2 in connection with Complaint Case No. AC 842 of 2022. Having considered the previous dates so fixed by the learned Judicial Magistrate, 8th Court, Alipore, I find that all endeavours were taken by the learned Magistrate, but in spite of the same the progress so far as the application under Section 23 of the Protection of Women from Domestic Violence Act is pending.

In view of the approach which has been shown before the learned Magistrate by both the parties in spite of repeated dates being fixed by the learned trial court, I direct that the learned trial court will dispose of the application under Section 23 of the Protection of Women from Domestic Violence Act on or before 30.05.2024.

Needless to state that the direction for disposal is not any indication upon the learned Magistrate and the learned Magistrate will independently consider such application. It

would be at his/her discretion to allow or reject such application.

With the aforesaid observations, the revisional application being CRR 1335 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.)