Ashis Pradhan v. Smt Tulurani Pradhan

12.07.2021

IN THE HIGH COURT AT CALCUTTA

Item No.9 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 1991 of 2014 (Via Video Conference) Sri Ashis Pradhan versus Smt. Tulurani Pradhan In Re: An Application under Section 482 read with Sections 397/401 of the Code of Criminal Procedure.

Records reflect that lastly the interim order was extended on 15.12.2014. The subject-matter of the revisional application relates to Misc. Execution Case No. 91 of 2013 and Misc. Execution Case No. 16 of 2014 along with Misc. Execution Case No. 63 of 2013 passed by the learned Judicial Magistrate, 2nd Court, Uluberia, Howrah.

The petitioner approached this Court at a stage when there was a direction of arrears to be paid to the tune of Rs.40,000/- and to liquidate rest of the arrear amount in three equal instalments. On 02.07.2014, a co-ordinate Bench of this Court on appreciation of the materials placed by the petitioner was pleased to direct stay in respect of the execution proceedings for a period of eight weeks from the date of the order. However, the said order was extended by an order dated 15.12.2014 and lastly, when the matter appeared on 08.07.2021, an accommodation was sought for on behalf of the learned advocate for the petitioner.

Today, none appears on behalf of the petitioner.

Having regard to the subject-matter of the case being execution proceedings, I am of the view that no useful purpose would be served by keeping the revisional application pending. Accordingly, the learned Judicial Magistrate, 2nd Court, Uluberia, Howrah is directed to assess the quantum in respect of the arrears and thereafter afford opportunity to the petitioner to pay the amount which the court would be assessing after taking into account all the dues which have accrued in favour of the opposite party/wife. Needless to state that if dilatory tactics is adopted by the petitioner, the court would take recourse to harsher process of law for implementing its order.

With the aforesaid directions, CRR 1991 of 2014 is disposed of.

Interim order, if any, is hereby vacated.

All pending applications, if any, are consequently disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)