Purnima Sarkar v. State Of West Bengal And ORS.

21.5.2026 22.

BD CRR 2057 of 2026 Purnima Sarkar Vs.

State of West Bengal & Ors.

Mr. Shamik Bagchi Mr.Subhranil Mukherjee. ...for the Petitioner In this application the petitioner has prayed for a direction upon the court below for expeditious disposal of the maintenance proceeding being Crl. Misc. Case No. 64 of 2025 pending before learned Additional Chief Judicial Magistrate, Baruipur, 2nd Court.

Learned counsel for the petitioner submits that the petitioner earlier filed a writ application before this Court being WPA 22429 of 2025, when she faced a threat of disconnection of electricity and this High Court while disposing of the said writ application had passed an order on 27.10.2025 thereby directing the court below to dispose of the petitioner's application under section 12 of the Protection of Women from Domestic Violence, Act, as expeditiously as possible, preferably within a period of one month from the date of communication of the order. Till date, learned court below has not recorded evidence to be adduced on behalf of the parties and the matter is still pending for disposal. Therefore, he prayed for necessary direction upon the court below.

Having heard learned counsel for the petitioner it appears that the prayer made by the petitioner is innocuous and if it is allowed in terms of the prayer made therein, the opposite parties will have no cause to prejudice and as such, the service of copy of application upon the opposite parties is hereby dispensed with.

I have considered the submission of the petitioner. It appears from the server copy of the case history that after passing of the aforesaid order by this High Court on 27.10.2025, the trial court fixed as many as eleven dates for passing order but till date he has not made any endeavour for expeditious disposal of the case in compliance with the order passed by this High Court earlier. Moreover, the statute emphasizes to take endeavour for early disposal of such cases under section 12(5) of the Act of 2005.

In such circumstances, I find that the prayer made by the petitioner is justified and is required to be allowed for securing the ends of justice.

In view of the above, the instant application being CRR 2057 of 2026 is hereby disposed of with a direction upon the court below to make every endeavour for expeditious disposal of the aforesaid application filed by the petitioner under section 12 of the Protection of Women from Domestic Violence, Act, being Criminal Case No. 64 of 2025 and to dispose of the entire proceeding within a period of six months from the next date of hearing.

Urgent Photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities.

(Dr. Ajoy Kumar Mukherjee, J.)