Sukanya Mukherjee Nee Ganguli v. State Of West Bengal And ORS.

C.R.R.3665 of 2023 D/L81 10.10.2023 Bpg.

In Re: An application under Section 483 read with 401 of the Code of Criminal Procedure, 1973;

Mrs. Sukanya Mukherjee nee Ganguli

Versus

State of West Bengal and others Mr. Barun Kumar Ray Ms. Mita Banerjee Ray.

...for the petitioner.

Petitioner has preferred an application for expeditious disposal of case No.C-1155 of 2020 which is pending before the learned Judicial Magistrate, 10th Court, Alipore. The said case is under the provisions of the PWDV Act.

Having considered that the said proceedings are pending for the last three years and till date the petitioner is without any remedy or relief under the relevant provisions of law, I direct that the learned Magistrate would consider the prayer for monetary relief as well as the residential accommodation of the petitioner. In case, there is no application for interim relief, petitioner is granted liberty to file such application for interim prayers for monetary relief and residential accommodation within a period of seven days. If such application is filed, notice be served upon the opposite parties and the said application be disposed by 17th November, 2023. Learned Magistrate would thereafter consider the main trial proceedings and allow the petitioner to adduce evidence so that the trial of the case can be taken to its logical conclusion within a reasonable period of

time. For the said purpose, the learned Magistrate would fix dates once in every 45 days.

With the aforesaid observations, CRR 3665 of 2023 is disposed of.

Pending application, if any, is consequently disposed of. All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)