Ivy Kundu @ Ivy Chandra v. Anupam Kundu And ORS

11.03.2024

IN THE HIGH COURT AT CALCUTTA

Item No.18 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 2248 of 2023 In the matter of : Smt. Ivy Kundu alias Ivy Chandra ... Petitioner.

Mr. Anjan Ray, Mr. Subhajit Chowdhury ... For the Petitioner.

Mr. Joyjit Roy Choudhury, Mr. Shuvajit Bose ... For the Opposite Party Nos. 1 to 4.

Ms. Manisha Sharma ... For the State.

Affidavit-of-service filed on behalf of the petitioner be kept with the record.

Leave is granted to the learned advocate for the petitioner to amend the cause title.

The petitioner is aggrieved by the order dated 12.05.2023 passed by learned Sessions Judge, Howrah in Criminal Appeal No. 17 of 2023 wherein the learned sessions court while admitting the revisional application was pleased to reduce the quantum of interim monetary relief and made the same as a condition precedent for stay of the proceedings being Misc. Case No. 432 of 2020 which is pending before the learned Judicial Magistrate, 2nd Court, Howrah. Since the Criminal Appeal No. 17 of 2023 is pending before the learned Sessions Judge, Howrah and the appeal is yet to be completely disposed of, I direct the learned appellate court to dispose of the appeal within a period of 60 days from the next date so fixed. The learned trial court would fix as many number of dates as it would deem fit and proper, but will not stretch the time line.

In case there is any default in payment of monetary relief as directed by the learned sessions court, the learned sessions court will be at liberty to vacate the interim order already granted.

All efforts be taken so that the time line is not stretched in any manner whatsoever.

So far as any execution case filed in connection with Misc. Case No. 432 of 2020 is concerned, the learned Judicial Magistrate, 2nd Court, Howrah would fix one date in a month irrespective of any date fixed by the learned appellate court and assess as to whether there is any arrears in connection with the instant case. The final decision so far as the execution case and its arrears or its quantification is concerned, if it is huge, would be decided after the appeal. So far as the regular payment is concerned or the minimum arrears which have accrued, the learned Magistrate must pass specific direction and in a time bound manner direct the respondents to disburse the same.

With the aforesaid observations, the revisional application being CRR 2248 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.)