Lakshmi Devi Shaw v. State Of West Bengal And ORS.

g.b.

04.01.2024 Court No.34 CRR 4994 of 2023 Lakshmi Devi Shaw Vs.

The State of W. B. & Ors.

Mr. Pinaki Bhattacharyya Mr. Amartya Mohan Bhattacharyya .......For the Petitioner Le The present revisional application has been preferred for expediting the progress of A. C. Case no. 2367 of 2019. This proceeding under Section 12 read with Section 23 of Protection of Women from Domestic Violence Act is pending before the learned 5th Judicial Magistrate, Alipore, South 24 Parganas. Learned advocate appearing for the petitioner has drawn the attention of the court to the orders passed by the learned Judicial Magistrate. It has been submitted that although affidavits of assets and liabilities have been filed at the instance of the present petitioner but the private opposite parties till date have not disclosed their affidavits of assets and liabilities.

In view of the proceedings being filed in the year 2019 and till date the present petitioner is without any relief, I direct the learned Judicial Magistrate to appreciate that so far as the declaration of assets and liabilities are concerned, the same were for convenience of the parties. If a party to a litigation use the same as a tool for delaying the process of law, in that case the learned court would adopt the means by which the purpose of legislature is justified.

Accordingly, I direct that on and from the next date fixed by the learned Magistrate in connection with the instant case, the learned trial court would by 60 days dispose of any application for interim relief, if prayed for by the petitioner. Thereafter the court would fix one date in every two months so that the trial can reach to its logical conclusion within a reasonable period of time. With the above observation CRR 4994 of 2023 is disposed of.

Pending application, if any, is hereby disposed of. All parties are directed to act on the server copy of this order duly downloaded from the official website of this Hon'ble Court. (Tirthankar Ghosh, J.)