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Calcutta High CourtCRR/3766/2025disposed

Sanjoy Chakraborty v. Debanjana Ganguly And Others

2025-09-01Hon'Ble Justice Chaitali Chatterjee (Das)2 pages

01.09.2025 M/L.93 Ct. No.446 Saikat CRR/3766/2025 SANJOY CHAKRABORTY VS.

DEBANJANA GANGULY & ORS.

In Re: Application under Section 529 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Mr. Arnab Mukherjee, Adv. (Through V.C.) Mr. Hiranmoy Debnath, Adv.

Ms. Polly Banerjee, Adv.

Ms. Shreyasi Manna, Adv.

...For the Petitioner

1. This revisional application under section 529 of the Bharatia Nagarik Surakshya Sanhita has been filed by the petitioner being father-in-law of the de facto complainant/opposite party No.1 herein for inordinate delay and disposal of A.C. Case No.1765 of 2021 pending before the learned Judicial Magistrate, 2nd Court, Alipore, under sections 18/19/20/22/23 of the Protection of Women from Domestic Violence Act.

2. It is submitted by the learned advocate appearing for the petitioner that the proceeding initiated in the year 2021 and since after very initiation of the case the present petitioner was diligent and all through present before the court but on number of occasions due to absence of complainant and on other grounds the matter was adjourned and the matter is fixed in the month of December, 2025, for further evidence of the complainant and he accordingly prays for necessary direction for expeditious disposal of the matter.

3. Heard the submission. Perused the case record as well as the certified copies of the order-sheets filed along with this petition.

4. It apparent that the complaint was lodged in the year 2021 and that the proceeding was initiated. On various occasions complainant was found absent in the court below. However, I am unable to agree with the submission of the learned advocate representing the petitioner that the inordinate delay in disposal of this case is caused because of the inaction in taking steps for expeditious disposal of the record in view of the progress in the matter but certainly it could have been expedited.

5. Be that as it may, since the present petitioner is the father-in-law of the complainant and fact remains the proceeding is pending since 2021 and we are now at the fag end of the year 2025, the learned trial court is directed to make all endeavour to proceed with the case as expeditiously as possible without granting unnecessary adjournment to either of the parties.

6. It is made clear that this revisional application is heard in absence of the opposite party without giving any direction to serve the application to the opposite parties and if any allegation levelled against the opposite parties by the present petitioner, the same is not to be treated as admitted.

7. With the aforesaid direction the revisional application stands disposed of.

8. Urgent Photostat copy of this order, if applied for, be given to the parties, on priority basis, upon compliance of all necessary formalities.

[Chaitali Chatterjee (Das), J.]