Astha Kanodia v. State Of West Bengal And ORS.

25.07.2023

IN THE HIGH COURT AT CALCUTTA

Item No.28 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 2700 of 2023 In the matter of : Astha Kanodia ... Petitioner.

Mr. Subhrojyoti Bhowmick ... For the Petitioner.

Leave is granted to the learned advocate appearing for the petitioner to correct the cause title relating to the district which has been inadvertently transcribed therein. The present revisional application has been preferred for expeditious and proper disposal of D.V. Case No. 85 of 2019 which was preferred at the instance of one Astha Kanodia and is pending before the learned Judicial Magistrate, 3rd Court, Sealdah.

The orders of the learned Magistrate reflect that the application under Section 23(2) of the Protection of Women from Domestic Violence Act i.e. for interim maintenance is still pending. It has been submitted that the case was filed in the year 2019, but for various reasons almost after four years, the interim prayers were not considered by the learned Magistrate. It has also been submitted that the learned Judicial Magistrate, 3rd Court, Sealdah is on leave and any other court in-charge of the said court is not willing to take up the application for interim maintenance.

Having regard to the peculiarity of the circumstances, I direct that on the next date or within a week thereafter irrespective of the fact whether the Presiding Officer is adjudicating or another court has been given charge of

Judicial Magistrate, 3rd Court, Sealdah, the application under Section 23(2) of the Protection of Women from Domestic Violence Act should be disposed of preferably by 30.09.2023. With the aforesaid observations, the revisional application being CRR 2700 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.)