Smt. Ranu Das (Sarkar) vs The State Of West Bengal And Ors
2022 Latest Caselaw 1433 Cal

23.03.2022
Court No.13
Item No.28
AP
                                   WPA 6334 of 2021

                              Smt. Ranu Das (Sarkar)
                                        Vs.
                         The State of West Bengal and Ors.

                                (Through Video Conference)

              Mr. Akmam Khan
                                                      ... For the petitioner.

              Mr. N.C. Bihani
              Ms. Papiya Banerjee Bihani
                                                           ... For the State.


                      The writ petitioner is aggrieved with the long

              pendency     of   miscellaneous    case    No.197     of     2006

              renamed as M. Case No.558 of 2015 [Smt. Ranu Das

              (Sarkar) Vs. Sri Mukunda Mohan Sarkar] now pending

              before the learned Additional Chief Judicial Magistrate,

              North 24 Parganas, Barasat under Section 125 of the

              CrPC.

                      It appears that by a judgment and order dated 6th

              October 2018, the learned Magistrate has ordered

              maintenance in favour of the writ petitioner against the

              private respondent. The private respondent is stated to

have defaulted in the payment of maintenance and the

judgement has been put into execution being M. Ex.

Case No.299 of 2019. Three several warrants have been

issued, directing the respondent No.7/husband to

appear before the Chief Judicial Magistrate, but in vain.

Counsel for the State submits that the

respondent No.7 had surrendered before the Ld.

Magistrate under M. Ex. Case No.299 of 2019 and was

subsequently released on bail. Two other warrants of

arrest have been issued against the respondent no.7,

but have not been executed by the Nazat Police Station.

Since the next date of hearing is on 29th March 2022,

the Officer-in-Charge, Nazat Police Station, Basirhat

Police District, shall ensure that warrant issued by the

learned Chief Judicial Magistrate in connection with M.

Ex. No.115 of 2020 is executed and the respondent No.7

is produced before the Chief Judicial Magistrate.

The Ld. Magistrate shall consider the conduct of

the respondent No.7 and pass appropriate orders in

accordance with law.

The petitioner shall serve notice of this order on

the 7th Respondent and the Court below.

The instructions of the Nazat Police Station,

Basirhat Police District, dated 22nd March 2022, is taken

on record.

With the aforesaid observations, the writ petition

is disposed of.

There shall be no order as to costs.

All parties shall act on the server copy of this

order duly downloaded from the official website of this

Court.

(Rajasekhar Mantha, J.)