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Calcutta High CourtCRR/4660/2022disposed

Dipeeta Das Mukherjee v. Sandip Das

2024-04-16Hon'Ble Justice Shampa Dutt (Paul)2 pages

16.04.2024 Sl. No.:48 Court No.30 BM CRR 4660 of 2022 Dipeeta Das Mukherjee Vs.

Sandip Das.

Ms. Devipriya Mitra Mr. Supriyo Ghosh Ms. Susmita Adhikary ... for the petitioner Affidavit of service along with returned envelope has been filed showing that no such person could be found at the address. Heard learned counsel for the petitioner.

Perused the materials on record.

The present revision has been preferred against an order dated 21.10.2022 passed by the learned 10th Judicial Magistrate, Alipore, South 24 Parganasin connection with M. Execution case No.30 of 2019, in respect to and out of an application arising out of A.C.M Case No.556 of 2018 filed under Section 125 of the Criminal Procedure Code.

On hearing the learned counsel for the petitioner and on perusal of the order of the revision, it appears that the execution case was against an order of interim maintenance.

It has been noted in the order by the learned Magistrate that the main case i.e. ACM 556 of 2018 is yet to be decided finally. Accordingly, the revision is disposed of with the direction upon the learned Magistrate to make all effort to dispose of the said main case within a period of six months from the date of communication of this order by following the guidelines of the Hon'ble Supreme Court in Rajneesh vs. Neha (2021) 2 SCC 324.

The revisional application stands disposed of. All applications connected thereto stand disposed of. Interim order, if any, stands vacated.

Let a copy of the order be sent to the learned trial court for compliance.

Urgent Xerox certified copies of this order, if applied for, shall be supplied to the learned counsel for the parties as expeditiously as possible, in compliance of usual formalities. ( Shampa Dutt (Paul), J. )