Jayanta Mallick v. State Of West Bengal And ANR

12.9.2025 Sl. 18 Moumita Court No.22

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction Appellate Side CRR 3255 of 2025 In the matter of : Jayanta Mallick .....Petitioner Mr. Ahitagni Dey .... Petitioner

1. The petitioner has filed this application seeking a direction for the expeditious disposal of a maintenance petition, specifically Complaint Case No. 4796 of 2018 (renumbered as T.R. Case No. 895 of 2018). The said case, filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005, has been pending before the Learned Judicial Magistrate, 2nd Court, at Alipore, South 24 Parganas, since 2018.

2. The Court acknowledges the validity of the petitioner's concerns. It has been brought to our attention that the case has been subjected to a protracted delay due to numerous and unnecessary adjournments, which has caused significant hardship to the petitioner. Such delays are contrary to the very spirit of the Act, which is designed to provide timely and effective relief in matters concerning the livelihood and well-being of a petitioner. The sensitive nature of a maintenance case demands

a sense of urgency, and the prolonged pendency is, in this case, wholly unacceptable.

3. In light of these observations, the Court finds sufficient merit in the petitioner's plea.

Accordingly, the Learned Judicial Magistrate, 2nd Court, at Alipore, South 24 Parganas, is hereby directed to take all necessary measures to ensure the expeditious hearing and disposal of the aforementioned case.

4. The learned Trial Court is further instructed to refrain from granting any unnecessary adjournments.

Should an adjournment be absolutely unavoidable, it shall be for the briefest possible period.

5. As the purpose of this application has been served by the issuance of these directions, the matter is accordingly disposed of.

6. There shall be no order as to costs.

7. An urgent photo stat certified copy of this order be provided to the parties as per the existing provisions of law and rule, if applied for.

(Uday Kumar, J.)