Shyamali Das @ Shyamali Sukul Das v. The State Of West Bengal And ORS.

9.12.2025 SB CRR 4937 of 2025 Shyamali Das @ Shramali Sukul Dasn Vs.

The State of West Bengal & Ors.

Mr. Abhra Mukherjee Mr. Ibrahim Shaik Mr. Sauradeep Dutta Mr. Himadree Ghosh Mr. Benazir Shaik ...for the Petitioner Liberty is given to the petitioner to make necessary correction in the prayer portion of the application about the mentioning the name of the court.

This is an application wherein the petitioner has prayed for expeditious disposal of the D.V case no. 92 of 2022, presently pending before the learned Judicial Magistrate, 3rd Court, Sealdah.

It is submitted on behalf of the petitioner that the instant application filed by the petitioner under Section 12 of the Protection of Women from Domestic Violence Act, 2005 (in short, D.V Act) on 29.8.2022 but since then more than three years have already been passed but the proceeding stalled without cogent reason and court below mechanically fixing dates for hearing of interim application for a considerable period of time. Accordingly, the petitioner has prayed for a direction upon the court below for expeditious disposal of the aforesaid proceeding.

Having heard learned counsel for the petitioner, it appears that the prayer made by the petitioner is innocuous and if it is allowed, the opposite parties will have no cause to prejudice and as such, the service of copy of application upon the opposite parties is hereby dispensed with. Having learned counsel for the petitioner and that the application under the D.V. Act filed by the petitioner is pending for a considerable period of time without any substantial progress and also considering the provision of Section 12(5) of the Protection of Women from Domestic Violence Act, 2005 which mandates to make endeavor to dispose of such Application within a period of sixty days form the date of it's first hearing, and invoking this court's jurisdiction under Section 529 of the BNSS, the concerned Magistrate/court below is hereby directed to make every endeavour for expeditious disposal of the above-mentioned D.V. Act case no. 92 of 2022 and to make his best efforts to conclude the entire proceeding preferably within a period of three months from the next date of hearing.

CRR 4937 of 2025 is accordingly disposed of.

Urgent Photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities.

(Dr. Ajoy Kumar Mukherjee, J.)