Citation : 2023 Latest Caselaw 3320 Cal
Judgement Date : 10 May, 2023
Form J(1) IN THE HIGH COURT AT CALCUTTA
Criminal Revisional Jurisdiction
Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri
CRR 2559 of 2022
With
CRAN 1 of 2022
Shinjini Ghosh (Dey)
Vs.
The State of West Bengal and Anr.
Mr. Ivan Roy
Mr. Debangshu Bondhu
..for the petitioner
Item No. 11
Heard & Judgment on: 10.05.2023
Bibek Chaudhuri, J.
This is an application for a direction upon the trial Court for
expeditious disposal of the maintenance case being ACM Case No. 510
of 2020 filed by the petitioner under Section 125 of the Code of
Criminal Procedure presently pending before the learned Judicial
Magistrate, Alipore. After going through the contents of the instant
revision this Court is of the view that the instant revision can be
disposed of even without the appearance of the opposite party No.2.
It is contended by the learned advocate for the petitioner that
the petitioner filed the application under Section 125 of the Code of
Criminal Procedure on 19th October, 2020. In the said application the
petitioner also filed an application for interim maintenance on 20 th
February, 2021. The opposite party entered appearance in the said
proceeding on 8th April, 2022. The said application has been disposed
of only in the month of February, 2023.
It is the grievance of the petitioner that the application for
maintenance under Section 125 of the Code of Criminal Procedure
may be disposed of expeditiously.
Considering the fact that the application for maintenance is
pending for about three years the application is disposed of directing
the trial Court to record the evidence of the parties within four months
from the date of communication of this order and deliver the
judgment within one month thereafter by disposing of the application
under Section 125 of the Code of Criminal Procedure.
The petitioner is at liberty to act on the server copy of this
order.
The instant revision is, thus, disposed of.
(Bibek Chaudhuri, J.)
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