Shinjini Ghosh (Dey) v. The 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 CRR 2559 of 2022 With CRAN 1 of 2022 Shinjini Ghosh (Dey) Vs.

The State of West Bengal and Anr.

Mr. Ivan Roy Mr. Debangshu Bondhu ..for the petitioner Item No. 11 Heard & Judgment on:

10.05.2023 Bibek Chaudhuri, J.

This is an application for a direction upon the trial Court for expeditious disposal of the maintenance case being ACM Case No. 510 of 2020 filed by the petitioner under Section 125 of the Code of Criminal Procedure presently pending before the learned Judicial Magistrate, Alipore. After going through the contents of the instant

revision this Court is of the view that the instant revision can be disposed of even without the appearance of the opposite party No.2. It is contended by the learned advocate for the petitioner that the petitioner filed the application under Section 125 of the Code of Criminal Procedure on 19th October, 2020. In the said application the petitioner also filed an application for interim maintenance on 20th February, 2021. The opposite party entered appearance in the said proceeding on 8th April, 2022. The said application has been disposed of only in the month of February, 2023.

It is the grievance of the petitioner that the application for maintenance under Section 125 of the Code of Criminal Procedure may be disposed of expeditiously.

Considering the fact that the application for maintenance is pending for about three years the application is disposed of directing the trial Court to record the evidence of the parties within four months from the date of communication of this order and deliver the judgment within one month thereafter by disposing of the application under Section 125 of the Code of Criminal Procedure. The petitioner is at liberty to act on the server copy of this order.

The instant revision is, thus, disposed of.

(Bibek Chaudhuri, J.)