Calcutta High Court (Appellete Side)
Champa Das vs Rina Das & Ors on 16 August, 2022
16.08. 2022
item No.22
n.b.
ct. no. 42
CRR 1808 of 2022
Champa Das
Vs.
Rina Das & Ors.
Mr. Debasish Kundu
.....for the Petitioner
The present petitioner filed an application under
Section 12 of the Protection of Women from Domestic Violence
Act against the opposite parties, who happened to be the
father, stepmother and stepbrother for various relifs. The said
application was registered as case No.C-339/2019 in the Court
of the Learned Additional Chief Judicial Magistrate, Diamond
Harbour, South 24-Parganas. In the mean time, almost three
years have elapsed the hearing of the above mentioned case is
not even started in the Trial Court.
The petitioner being a destitute lady in a need of
protection under the Domestic Violence Act has approached
this Court for expeditious disposal of the above mentioned
case.
I have heard the learned advocate for the petitioner.
The petitioner has annexed the certified copies of the
orders staring from the institution of the case on June 11,
2019 till the March 29, 2022. Since entire order sheet of the
above mentioned proceedings is before the Court and
considering the prayer made by the petitioner, this Court is of
the view that the instant revision can be disposed of here and
now.
It is unfortunate to note that an application under
Section 12 of the Protection of Women against Domestic
Violence Act is pending for more then three years in the Trial
Court and even no effective hearing is made till date. The
statue provides separate relief to a woman who is a victim of
Domestic Violence. However, the instant case is a glaring
example where the victim is denied relief as provided under the
Act due to one reason or other.
The Learned 2nd Judicial Magistrate, Diamond
Harbour goes on passing orders mechanically without taking
pro-action steps against the opposite parties to compel their
attendance for effecting hearing of the case.
Therefore, the instant revision is disposed of directing
the Learned 2nd Judicial Magistrate, Diamond Harbour to take
effective step so that the application under Section 12 of the
Protection of Women from Domestic Violence Act, being case C-
339/2019 should be disposed of within the period of three
months from the date of communication of the order. The
petitioner is at liberty to act upon the certified copy of the
order for the purpose of communicating the direction passed
by this Court to the Court below for information and
compliance.
Before parting with this matter, it has been
mentioned that the Magistrate being Judicial Magistrate or
Additional Chief Judicial Magistrate having empowered to take
cognizance or accept an application in a criminal case or
criminal proceeding or going on passing initial orders on a
cyclostyle or computerized pre-written orders by filling upon
the blanks in the order sheet. This practice is not only
warranted but also against Rule 183 of the Criminal Rules and
Orders and the judgment of this Court in the case of
Sharmistha Chowdhury & Ors. Vs. State of West Bengal & Ors.
dated July 27, 2017 passed in CRR No.602 of 2017 and
subsequently followed in Fabworth Promoters(P) Ltd. & Ors.
Vs. State & Ors., dated September 20, 2019 passed in CRR
NO. 1395 of 2019.
The Additional Chief Judicial Magistrates in the State
of West Bengal are directed to follow the directions contained
in the above mentioned judgment passed by this Court and
also the direction contained in the instant judgment.
It is seen that in spite of repeated directions, this
Court has failed to stop such irregularities and in some cases
illegal practice.
Time has come that this issue should be dealt with in
strong hands.
Therefore, a copy of this order be circulated to the
Learned Sessions Judges in the State of West Bengal and
Andaman & Nicobar Islands with a request to circulate this
order to all the Magistrates under his/her Judgeship through
the Registrar(Judicial Service), High Court, Calcutta.
It is made clear that if in connection any proceeding
the similar cyclostyle computerized pre-typed order is made by
the Learned Judicial Magistrate/Additional Chief Judicial
Magistrate after receiving the copy of this order, necessary
action shall be taken by this Court against the concerned
Magistrate. It is proposed that non-compliance of the direction
passed in the above mentioned cases will be viewed as
Contempt of Court and appropriate circumstances will result
in initiation of departmental proceeding against the erring
Judicial Officers.
All parties shall act on the server copy of this order
duly downloaded from the official website of this Court.
( Bibek Chaudhuri, J.)
