Calcutta High Court (Appellete Side)
Neha Gupta vs Jayant Shekar on 28 September, 2022
Form J(1) IN THE HIGH COURT AT CALCUTTA
Criminal Revisional Jurisdiction
Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri
CRR 2920 of 2022
Neha Gupta
Vs.
Jayant Shekar
For the petitioner : Md. Sabir Ahmed, Adv.,
Mr. Hillol Saha Poddar, Adv.
Judgement on : 28.09.2022.
Bibek Chaudhuri, J.
The petitioner/aggrieved person has challenged judgment and
order dated 4th July, 2022 passed by the Learned Additional Sessions
Judge, Fast Track, 1st Court at Howrah in Criminal Appeal No.
12/2021 dismissing the said appeal filed by the aggrieved persons
and affirming the order passed by the Learned Judicial Magistrate in
Misc. Execution Case No. 255/2019.
For proper appreciation of the dispute between the parties, it is
necessary to record the following facts:-
The petitioner/aggrieved person filed an application under
Section 12 read with other cognate provision of the Protection of
Women from Domestic Violence Act against her husband/opposite
party praying for monetary relief and residential relief. The said
application was registered as Misc. Case No. 630/2018. In the said
proceeding upon an application for interim relief, the Learned
Magistrate passed an order dated 22nd October, 2019 directing the
opposite party to pay a sum of Rs. 6,000/- per month as interim
monetary relief. The opposite party was also directed to provide one
room with separate privy in the shared household situated at 169,
G.T. Road (South), Howrah.
The opposite party preferred an appeal assailing the order
dated 22nd October, 2019 passed by the Learned Magistrate before
the Learned Sessions Judge which was registered as Criminal Appeal
No. 111/2019. The Learned Sessions Judge, Howrah passed an order
dated 19th November, 2019 rejecting the appellant's prayer for stay of
operation of the order dated 22nd October, 2019. The said order
dated 19th November, 2019 passed by the Learned Sessions Judge,
Howrah was assailed in criminal revision before this Court which was
registered as CRR 3855/2019. The said criminal revision filed by the
husband of the petitioner, the opposite party herein was disposed of
by a Coordinate Bench vide order dated 19 th March, 2021 with the
following direction:-
"I have perused the order passed by the Learned Magistrate as
well as the interim order passed by the Learned Sessions Court. It
has been submitted that next date for criminal appeal is fixed on 23 rd
March, 2021. On that date the Learned Court in seisin of the said
appeal would decide that in case the petitioner is unable to provide
one room with separate privy at the shared household situated at
169, G. T. Road (South), Howrah, the petitioner would pay the tariff
for availing accommodation equivalent to the said household/rented
accommodation which may be availed of by the opposite party no. 1."
On the strength of the aforesaid order passed by this Court the
petitioner filed an execution application in the Trial Court which was
registered as Misc. Execution Case No. 255/2019. In the said
proceeding the Learned Magistrate passed an order following the
provision of Section 31 of the PWDV Act holding, inter alia, that a
breach of protection order or interim protection order by the
respondent would be an offence under the Act being punishable with
imprisonment or with fine or with both and the aggrieved person is
liable to file a separate complaint for such violation. With the above
order the Learned Magistrate expressed his inability to execute the
interim order of right of residence passed in favour of the
petitioner/aggrieved person. The petitioner challenged the said order
dated 24th February, 2021 passed by the Learned Judicial Magistrate,
5th Court at Howrah in Misc. Execution Case No. 255/2019 by filing a
Criminal Appeal No. 12/2021. The said appeal was dismissed on
contest vide judgement dated 4th July, 2022 passed by the Learned
Additional Sessions Judge, Fast Track, 1st Court at Howrah.
Surprisingly enough, the petitioner did not take any step in
Criminal Appeal No. 111/2019 praying for passing necessary order in
terms of the direction passed by this Court in CRR 3855/2019.
Efficacious relief of the petitioner lies in pursuing Criminal
Appeal No. 111/2019 praying before the Court of appeal to pass
necessary order in terms of the direction passed by this Court in CRR
3855/2019.
Therefore, the instant revision is disposed of directing the
petitioner to file an application for compliance of the order passed in
CRR No. 3855/2019 by this Court and if such application is filed, the
Learned Sessions Judge shall dispose of the same within one month
from the date of filing of the application positively.
It is made clear that this Court has never entered into the merit
of the claim of the respective parties. The Learned Appellate Court
would be at liberty to decide the same in accordance with law.
With the above observation, the instant revision is disposed
of.
The petitioner is at liberty to act on the server copy of this
order.
(Bibek Chaudhuri, J.)
Srimanta, A.R.(Ct.)
Item No. 21.
