Jayasree Das @ Sarkar v. State Of West Bengal And ANR

C.R.R.1699 of 2024 D/L96 29.04.2024 Bpg.

In Re: An application under Section 482 read with Section 483 of the Code of Criminal Procedure, 1973;

Smt. Jayasree Das @ Sarkar

Versus

The State of West Bengal and another Mr. Sayan Kanjilal Mr. Saptarshi Chattopadhyay Mr. Sagnik Bhattacharjee.

...for the petitioner.

Learned advocate appearing for the petitioner submits that the petitioner is aggrieved by the progress of Maintenance Case No.846 of 2022 pending before the learned Judicial Magistrate, 3rd Court, Alipore. It has also been submitted on behalf of the petitioner that till date neither written objection nor the affidavit of assets and liabilities have been filed at the instance of the opposite party/husband.

Having considered the fact that the present petitioner is not receiving any interim relief from the court during the pendency of the proceeding under Section 125 of the Code of Criminal Procedure, I direct the learned Magistrate firstly to fix at least one date in a month for the purposes of the present case. In case the opposite party/husband do not file written objection and/or affidavit of assets and liabilities by 31st May, 2024, the learned trial court would proceed with the case for the purposes of hearing of the interim maintenance in the month of June, 2024. Thereafter, the learned trial court would fix one date in every two months for the purposes of the present case so that the trial of the case can be

taken to its logical conclusion within a reasonable period of time. No unnecessary adjournment be granted to any of the parties. With the aforesaid observations, CRR 1699 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 of all requisite formalities.

(Tirthankar Ghosh, J.)