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Calcutta High Court (Appellete Side)

Esma Parvin vs Abul Kalam Azam And Others on 7 June, 2023

Author: Tirthankar Ghosh

Bench: Tirthankar Ghosh

 D/L22                                C.R.R. No.1294 of 2023
07.06.2023

Bpg.

In Re: An application under Article 227 of the Constitution of India read with Section 482 and Section 397 of the Code of Criminal Procedure, 1973;

Esma Parvin Versus Abul Kalam Azam and others Mr. Sabyasachi Mukherjee, Ms. Debarati Choudhury, Mr. Mukhesh Khanna, Mr. Syed Neaz Ahmed, Mr. Mrinmay Nandy.

...for the petitioner.

Petitioner is aggrieved by the manner in which the proceedings are progressing before the learned Judicial Magistrate, 1st Court, Barasat in connection with Complaint Case No.816 of 2019.

The application which was preferred by the petitioner is under Section 12 of the PWDV Act, 2005.

Learned advocate submits that till date the case has not progressed and the prayer for interim order is pending. On some reason or the other, the matter is adjourned and the opposite parties are trying to take advantage of the situation.

Having regard to the plight expressed by the petitioner, I am of the view that the same is justified. Learned Judicial Magistrate, 1st Court, Barasat is directed to dispose of the application for interim order on the next date so fixed or within a week thereafter. Learned Magistrate thereafter would proceed with the trial of the case by fixing one date on each and every 60 days so 2 that the trial of the case can be taken to its logical conclusion within a reasonable period of time. No unnecessary adjournment should be granted to any of the parties and all efforts should be taken to conclude the trial.

With the aforesaid observations, CRR 1294 of 2023 is disposed of.

Pending application, if any, is consequently disposed of. All parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance of all requisite formalities.

(Tirthankar Ghosh, J.)