Calcutta High CourtCRR/3901/2024disposed

Meghabarna Das v. Dipak Kumar Das

2024-09-19Hon'Ble Justice Suvra Ghosh2 pages

19.09.2024 rc/ct.no.34 Item No.387 CRR No. 3901 of 2024 In the matter of : Meghabarna Das .......Petitioner Mr. Rana Mukherjee Mr. Rhiddhiman Mukherjee Mr. Arkaprobho Roy Mr. Debdatta Mukherjee Mr. S. Pattnaik ...for the Petitioner Since the innocuous prayer of the petitioner is for expeditious disposal of the application under Section 125 of the Code of Criminal Procedure along with application for interim maintenance in M.Case No. 20 of 2023 pending before the learned Judicial Magistrate, 10th Court, Alipore, South 24- Parganas the matter may be disposed of without service of notice upon the opposite party. The opposite party shall not be prejudiced by an order directing expeditious disposal of the case. Learned counsel for the petitioner submits that the application under Section 125 of the Code of Criminal Procedure was filed on January 07, 2023. The application for interim maintenance is pending consideration till date despite the fact that affidavits of assets and liabilities have been submitted by the parties before the learned Trial Court.

Since the application for interim maintenance is pending since long, the learned Trial Court is directed to dispose of the same on the next date fixed before the learned Trial Court without

granting any unnecessary adjournment to either party, in accordance with law.

In the event the learned Trial Court is unable to dispose of the same on the next date, the application for interim maintenance shall be disposed of by the learned Trial Court within one month from the said date positively. Learned Trial Court is directed to make all endeavour to dispose of the application under Section 125 of the Code of Criminal Procedure as expeditiously as possible.

CRR No. 3901 of 2024 is disposed of accordingly. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Suvra Ghosh,J)