Samima Nasrin v. Mohinur Hasan Molla

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVSIONAL JURISDICTION APPELLATE SIDE The Hon'ble JUSTICE BIBEK CHAUDHURI CRR 3817 of 2022 Samima Nasrin -VsMohinur Hasan Molla For the Petitioner: Mrs. Anindita Auddy Das, Adv. Heard on: 15th March, 2023.

Judgment on: 15th March, 2023.

BIBEK CHAUDHURI, J. : - 1.

This is an application for expeditious disposal of M case no. 72 of 2014 and three Misc. Execution Case Nos. 202 of 2016, 155 of 2017 and 77 of 2018 arising out of an order of interim maintenance case pending before the Learned Judicial Magistrate, Baruipur. 2.

On perusal of averment made in the instant revision and having heard the learned Advocate for the petitioner this Court is of the view that the instant revision can be disposed of here and now with the assistance of the learned Advocate for the state. Accordingly, Mrs. Anindita Auddy Das learned Advocate is requested to assist this Court on behalf of the State. Appointment of Mrs. Anindita Auddy Das learned advocate be

regularized by the learned Legal Remembrancer, Government of West Bengal.

3.

It is submitted by the learned advocate for the petitioner that a maintenance case under Section 125 of the Code of Criminal Procedure was filed in the year 2014 praying for a sum of Rs. 4,000/- per month for the petitioner and Rs. 3000/- for the minor child which is still pending for disposal. An interim maintenance was allowed by the Learned Court below directing the respondent to pay a sum of Rs. 1000/- per month to the petitioner and Rs. 800/- for her minor child. The petitioner is not getting her interim maintenance as per order which led her to file three execution cases for realization of arrears of maintenance allowance which is still pending for disposal. The petitioner has given evidence but the cross-examination which was made on 2nd November, 2016 has not concluded till date. The next date was fixed on 3rd November, 2022. 4.

Under such circumstances, petitioner has prayed for expeditious disposal of the case.

5.

In view of such circumstances, the instant revision is disposed of directing the Learned Court below to dispose of the application under Section 125 of Cr.P.C. as expeditiously as possible within December, 2023 and conclude the execution cases within September, 2023. 6.

With the above direction the instant revision is disposed of. (Bibek Chaudhuri, J.)