Soma Seal vs The State Of West Bengal & Anr
2022 Latest Caselaw 8138 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. 3365 of 2022
                            Soma Seal
                               Vs.
                 The State of West Bengal & Anr.

For the petitioner      : Mr. Prantick Ghosh, Adv.
                          Mr. Prasad Bhattacharyya, Adv.

Heard on                : 08.12.2022

Judgment On             : 08.12.2022.

Bibek Chaudhuri, J.

It is unfortunate to note that an application for maintenance

under Section 125 of the Code of Criminal Procedure is pending for

more than 6 years.

The petitioner has approached this Court finding no other

alternative for a direction for expeditious disposal of the said

maintenance case pending before the learned Judicial Magistrate, 1 st

Court at Barrackpore being Maintenance Case No.114 of 2016.

Having heard the learned Advocate for the petitioner and on

perusal of the materials on record, I find that the instant revision can

be disposed of here and now with the assistance of the learned Public

Prosecutor.

Therefore, Mr. Dipankar Paramanick is requested to assist this

Court on behalf of the State. The petitioner is directed to serve a

copy of this application here and now to Mr. Paramanick.

The appointment of Mr. Paramanick be regularized by the

learned Legal Remembrancer, Government of West Bengal.

It is stated on behalf of the petitioner that her marriage with the

opposite party was solemnized on 14 th May, 2015. In the year 2016, a

female child was born and subsequently she was driven out from her

matrimonial home which compelled her to file an application for

maintenance under Section 125 of the Code of Criminal Procedure.

It is also submitted on behalf of the petitioner that the learned

Trial Court directed the husband to pay interim maintenance @

Rs.2,000/- each per month to the petitioner and her minor child, total

being Rs.4,000/- per month. In the meantime, the parties have

exchanged affidavit of assets. The case is ready for disposal.

However, the opposite party is going on taking unnecessary

adjournment on the date of trial and hearing of the case is protracted.

Under such circumstances, the instant revision is disposed of

directing the learned Judicial Magistrate, 1 st Court at Barrackpore to

conclude recording of evidence of the parties within 3 months from

the communication of this order. Thereafter, the learned Magistrate

shall dispose of the revisional application within one month from the

date of conclusion of recording of evidence.

No unnecessary adjournment shall be granted to either of the

parties.

The petitioner is at liberty to act on the server copy of this

order.

(Bibek Chaudhuri, J.)

Mithun De/ A.R. (Ct).

Sl No.25 M/L..