Somtirtha Banerjee And ANR v. State Of West Bengal And ANR

Form J(1) IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction Appellate Side Present :

The Hon'ble Justice Bibek Chaudhuri C.R.R. 2334 of 2022 Somtirtha Banerjee & Anr.

Vs.

The State of West Bengal & Anr.

For the petitioner : Mr. Abhijit Ganguly, Adv.

Mr. Subhashis Saha, Adv.

Heard on : 08.08.2022 Judgment On : 08.08.2022.

Bibek Chaudhuri, J.

Criminal Appeal No.02 of 2015 under Section 29 of the Protection of Women from Domestic Violence Act filed by the petitioners before the learned Additional Sessions Judge, 2nd Court at Durgapur is pending till date. The petitioners have approached this Court for a direction to conclude the hearing of the appeal expeditiously.

It is unfortunate to note that an appeal instituted in the year 2015 under the provision of the Protection of Women from Domestic Violence Act has not been disposed of till date. This Court can very well take judicial notice of the fact that since March, 2020, regular functioning of the Courts in the State of West Bengal suffered greatly due to Covid Pandemic and it persisted till March, 2021. This Court is also of the view that the instant appeal ought to have been disposed of during the period between April, 2021 and July, 2022. However, the said appeal pending before the learned Additional Sessions Judge, 2nd court at Durgapur could not be taken up for hearing as the said Court is lying vacant since April, 2021. Till date, no Judicial Officer has been posted in the said Court.

Therefore, this Court is inclined to dispose of the instant revision with a direction that the instant appeal shall be heard by the learned Additional Sessions Judge, 2nd Court at Durgapur immediately on his joining to the said Court within one month. With the above order, the instant revision is disposed of. (Bibek Chaudhuri, J.) Mithun De/ A.R. (Ct).

Sl No.196..

M/L.