Rita Karmakar v. Kanak Karmakar

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

The Hon'ble Justice Bibek Chaudhuri CRR 2367 of 2022 Smt. Rita Karmakar Vs.

Smt. Kanak Karmakar For the petitioner :

Mr. Debasis Kar, Adv., Mr. Husen Mustafi, Adv., Mr. Subhajit Chowdhury, Adv., Mr. Arka Tilak Bhadra, Adv.

Judgement on :

02.09.2022.

Bibek Chaudhuri, J.

This is an application under Section 482 of the Code of Criminal Procedure filed by the aggrieved person/opposite party against the present petitioner under Section 12 of the Protection of Women from Domestic Violence Act, 2005 which has been registered as Misc. Case No. 182/2017 before the Learned Judicial Magistrate, 2nd Court at Barrackpore.

Specific grievance of the petitioner is that the opposite party filed an application under Section 12 of the PWDV Act against the petitioner in the year 2017. As per the provision of the statute such an application under Section 12 of the PWDV Act is required to be disposed of within one year from the date of filing of such application. The application is pending for about five years.

The petitioner has prayed for expeditious disposal of Misc. Case No. 182/2017.

Having heard the Learned Advocate for the petitioner, the instant revision is disposed of directing the Learned Magistrate to conclude the hearing of Misc. Case No. 182/2017 positively within six months from the date of this order giving full opportunity to both the parties of hearing.

The petitioner is at liberty to communicate this order obtaining server copy of the same.

(Bibek Chaudhuri, J.) Srimanta, A.R.(Ct.) Item No. 31.