Lakhi Kumari Shaw v. State Of West Bengal And ANR

01.10.2021 Ct No. 35 D/L 10 ab C.R.R. 1941 of 2021 (Via Video Conference) Re: An application under Section 482 read with Sections 397/401 of the Code of Criminal Procedure, 1973.

In re : Smt. Lakhi Kumari Shaw, ... Petitioner Mr. Mit Guha Roy, ... for the petition The grievance of the petitioner is that, the Money Execution Case No. 140 of 2019 filed by her in connection with a proceeding under Section 125 (3) of the Code of Criminal Procedure, 1973, has not yet been concluded.

The petitioner submits that in spite of a warrant being issued against the opposite party no. 2, no effective steps were taken by the police to ensure its execution and secure the presence of the husband/opposite party no. 2, during the course of the proceeding.

It appears that, for the last one year, the warrant could not be executed against the opposite party no. 2 and due to such delay in execution it has become extremely difficult for the petitioner to maintain herself.

In that view of the matter, this revisional application is disposed of with a direction upon the learned Judicial Magistrate, 2nd Court, Alipore to take necessary steps to expedite the

execution case to ensure that the petitioner receives the unpaid maintenance.

Since no adverse order has been passed against the opposite party no. 2 in this revisional application, the same is disposed of without serving notice to him.

The revisional application being CRR 1941 of 2021 is, thus, disposed of.

All parties shall act upon the server copy of this order duly downloaded from the official website of this Court. (Kausik Chanda, J.)