Somtirtha Banerjee & Anr vs The State Of West Bengal & Anr
2022 Latest Caselaw 5207 Cal

Form J(1)        IN THE HIGH COURT AT CALCUTTA
                    Criminal Revisional Jurisdiction
                             Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri


                       C.R.R. 2334 of 2022

                     Somtirtha Banerjee & Anr.
                                 Vs.
                   The State of West Bengal & Anr.


For the petitioner     : Mr. Abhijit Ganguly, Adv.
                         Mr. Subhashis Saha, Adv.

Heard on               : 08.08.2022

Judgment On            : 08.08.2022.


Bibek Chaudhuri, J.

Criminal Appeal No.02 of 2015 under Section 29 of the

Protection of Women from Domestic Violence Act filed by the

petitioners before the learned Additional Sessions Judge, 2 nd Court at

Durgapur is pending till date. The petitioners have approached this

Court for a direction to conclude the hearing of the appeal

expeditiously.

It is unfortunate to note that an appeal instituted in the year

2015 under the provision of the Protection of Women from Domestic

Violence Act has not been disposed of till date.

This Court can very well take judicial notice of the fact that

since March, 2020, regular functioning of the Courts in the State of

West Bengal suffered greatly due to Covid Pandemic and it persisted

till March, 2021. This Court is also of the view that the instant appeal

ought to have been disposed of during the period between April, 2021

and July, 2022. However, the said appeal pending before the learned

Additional Sessions Judge, 2 nd court at Durgapur could not be taken

up for hearing as the said Court is lying vacant since April, 2021. Till

date, no Judicial Officer has been posted in the said Court.

Therefore, this Court is inclined to dispose of the instant

revision with a direction that the instant appeal shall be heard by the

learned Additional Sessions Judge, 2 nd Court at Durgapur immediately

on his joining to the said Court within one month.

With the above order, the instant revision is disposed of.

(Bibek Chaudhuri, J.)

Mithun De/ A.R. (Ct).

Sl No.196..

M/L.