Chuhelika Biswas (Roy) v. Sujay Chandra Biswas And ORS

15.09.2021 Ct No. 35 D/L 7 ab C.R.R. 1760 of 2021 (Via Video Conference) Re: An application under Sections 482 read with Section 401 of the Code of Criminal Procedure, 1973.

In re : Smt. Chuhelika Biswas (Roy), ... Petitioner Mr. Arindam Sen, Mr. Sagnik Bhattacharya, Ms. Rinku Sen, ... for the petitioner The petitioner seeks expeditious hearing and disposal of the Misc. Case No. 37 of 2017 under Sections 12/23 of the Protection of Women from Domestic Violence Act, 2005, pending before the learned Judicial Magistrate, 1st Court, Barrackpore. It has been submitted by the learned advocate for the petitioner that the delay in disposal of the case is causing prejudice to the petitioner/wife.

It has been pointed out that the case is at the evidence stage.

Since this is a proceeding under Sections 12/23 of the Protection of Women from Domestic Violence Act, 2005, the same should be heard expeditiously, though I am of the opinion that the learned Magistrate in the Court below cannot be said to be at fault for the delay in disposal of the case in this pandemic situation.

However, keeping in mind the innocuous nature of the prayer, this application is disposed of with a direction upon the learned Judicial Magistrate, 1st Court, Barrackpore, to make an endeavour to conclude the hearing and dispose of the case finally within a period of six weeks from date.

Since this order will not prejudice the opposite party nos. 1 to 3, the revisional application is disposed of without serving notice to them.

The revisional application being C.R.R. 1760 of 2021 is, thus, disposed of.

Urgent photostat certified copy of this order, if applied for, be given to the petitioner upon compliance with all necessary formalities.

(Kausik Chanda, J.)