Nilanjana Chakraborty Ghosal 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 CRR 2654 of 2022 Nilanjana Chakraborty (Ghosal) Vs.

The State of West Bengal and Anr.

Mr. Amitabha Ghosh Ms. N. Chatterjee ..for the petitioner Item No. 85.

Heard & Judgment on:

17.01.2023 Bibek Chaudhuri, J.

This is an application for direction upon the trial Court for expeditious hearing of D.V. Case No.19 of 2021 presently pending before the 1st Court of the learned Judicial Magistrate at Sealdah.

It is submitted on behalf of the petitioner that an application under Section 12 of the Protection of Women from

Domestic Violence Act along with other cognate provisions of the said Act was filed on 8th February, 2021. Thereafter, series of adjournments were granted by the trial Court and only on 16th January, 2023 an application under Section 23 of the said Act was disposed of by the learned Magistrate though the Statute declares that such application requires to be disposed of within three days.

The concerned statute came into force for giving direction to the women who are victims of the domestic violence. If the victims are denied from statutory right as a result of delay in carrying out the proceeding, the purpose of Statute suffers. In view of such circumstances, the instant revision is disposed of directing the learned Magistrate to take all endeavour to dispose of the application under Section 12 of the said Act within six months from the date of communication of this order.

The petitioner is at liberty to act on the server copy of this order.

(Bibek Chaudhuri, J.)