Raima Chatterjee v. State Of West Bengal And ORS.

19.06.2026 Serial no. 39 [Srimanta] Ct. No. - 29 CRR 2409 of 2026 In re : An Application under Sections 483 of the Code of Criminal Procedure, 1973 corresponding to Section 529 of the Bharatiya Nagarik Sureaksha Sanhita, 2023 -AndIn the matter of : RAIMA CHATTERJEE ... ... Petitioner Mrs. Sulekha Mitra, Mr. Manas Kumar Das, Advocates ... ... For the Petitioner.

1. In this application the petitioner has prayed for expeditious disposal of Misc. Case No. 81/2023 pending before learned Judicial Magistrate, 4th Court, Purulia along with a prayer for disposal of the petitioner's prayer for interim relief filed under Section 23(1) of the Protection of Women from Domestic Violence Act, 2005 (in short, D.V. Act).

2. Being aggrieved by the delay caused in disposal of the proceeding, learned Counsel for the petitioner submits that on 1st June, 2023 the petitioner filed an application under Section of the D.V.

Act and the opposite parties/husband and in-laws appeared in the said proceeding on 19.09.2023. petitioner filed an application under Section 23(1) of the D.V. Act seeking interim relief on 30th October, 2023 and since then about two and half years have already been passed but the said prayer has

not been disposed of by the Court below though the opposite party no. 2 filed written objection and both the parties have also filed their affidavit of assets and liabilities in the meantime. Therefore, he prayed for necessary direction upon the Court below for expeditious disposal of the said prayer as well as the proceeding.

3. 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 in the application, the opposite parties will have no cause to prejudice. Therefore, service of copy of application upon the opposite parties is dispensed with.

4. Having considered submission made on behalf of the petitioner and also considering the fact that the prayer for interim relief filed under Section 23(1) of the D. V. Act is pending for more than two and half years, I find that the prayer made by the petitioner is justified and required to be allowed to secure the ends of justice.

5. In view of above, the instant application being CRR/2409/2026 is hereby disposed of with a direction by the Court below to dispose of the petitioner's application under Section 23(1) of the D. V. Act on the next date, i.e. 06.07.2026 or within a period of 30 days thereafter. After disposal of the said application, the Court below will make every endeavour for expeditious disposal of Misc. Case No.

81/2023 initiated under Section 12 of the D.V. Act and to make his best effort to conclude the entire proceeding within a period of six months thereafter.

(Dr. Ajoy Kumar Mukherjee, J.)