Niyati Dutta v. Sankar Dutta

19.06.2023

IN THE HIGH COURT AT CALCUTTA

Item No.11 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 2144 of 2023 Niyati Dutta versus Sankar Dutta In Re: An Application under Section 483 of the Code of Criminal Procedure.

Mr. Anirban Guhathakurta, Mr. Sujan Chatterjee, Ms. Souparna Sinha ... For the Petitioner.

Mr. Tanmay Kumar Ghosh, Ms. Sujata Das ... For the State.

Learned advocate appearing for the petitioner prays for expeditious disposal of Misc. Case No. 92 of 2017 arising out of M-7/2004 under Section 125 of the Code of Criminal Procedure pending before the learned Judicial Magistrate, 5th Court, Sealdah.

The grievance of the petitioner is that a huge amount of arrears has accumulated and the petitioner being a destitute lady has not been looked after by her husband/opposite party. The very purpose of incorporating the provisions of Section 125 of the Code of Criminal Procedure, according to the petitioner, is becoming redundant because of the attitude and approach of the opposite party. Learned advocate for the petitioner submits that because the husband/opposite party is staying at Tripura, there is difficulty in the execution of the warrant of arrest.

Having regard to the anxiety expressed by the petitioner, I direct that the learned Judicial Magistrate, 5th Court, Sealdah would through the jurisdictional superior

officer of police having authority of '4, Ramnagar Road, Post Office-Ramnagar, Agartala, West Tripura, Pin-799002' would execute the warrant. A report of compliance will be submitted before the learned Judicial Magistrate, 5th Court, Sealdah. All efforts be taken so that warrant of arrest should be executed within a period of three months from the date of issuance before the learned Judicial Magistrate, 5th Court, Sealdah.

However, in case the opposite party appears and satisfies the learned Judicial Magistrate, 5th Court, Sealdah regarding the arrears, in that case, the learned Magistrate would recall the warrant of arrest.

With the aforesaid observations, the revisional application being CRR 2144 of 2023 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.)