Pooja Thaker v. State Of West Bengal And ORS.

25.04.2022 SB Ct. No.39 CRR 2656 of 2021 In the matter of : Smt. Pooja Thaker Mr. Dhiraj Trivedi Mr. Bikash Kr. Singh ... for the petitioner This is an application for expeditious disposal of a proceeding under Protection of Women from Domestic Violence Act.

Learned counsel appearing for the petitioner submits as follows. The petitioner is the applicant and the aggrieved person in respect of proceeding under Section 12 of the Protection of Women from Domestic Violence Act while the opposite party Nos. 2 to 5 are the husband and the in-laws. The petitioner filed the present application before the learned Trial Court in December 2019. After sometime the respondents appeared (24.2.2021). On several dates, adjournments were granted and long dates are being fixed in this matter. Despite there being a statutory stipulation for an early conclusion of the proceeding, the matter has been pending for long no fault on the part of the petitioner. Even the prayer for interim relief has not been granted yet. I have heard the submissions of the learned counsel for the petitioner and have perused the revision petitioner. No prejudice will be caused to anyone if a direction is passed to expedite the proceeding.

It appears that there has been an inordinate delay in disposing of the proceeding, especially the application for interim relief under the provisions of protection of the Protection of Women from Domestic Violence Act despite a statutory stipulation for an early conclusion of the proceeding. Long dates are being fixed. In view of the above and in the interest of justice, I direct the learned Trial Court to conclude the proceeding as expeditiously as possible without granting any unnecessary adjournment to any of the parties, especially keeping in mind the statutory stipulation contained in the Act for an early disposal of the proceeding and in particular, to dispose of the application for interim relief at the earliest, preferably within a period of three months from the next date of hearing.

With the aforesaid observations, the revisional application is disposed of.

Urgent photostat certified copy of this order may be supplied to the parties expeditiously, if applied for. (Jay Sengupta, J.)