Calcutta High Court (Appellete Side)
Smt. Ashrukana Das vs Raj Kumar Das on 27 September, 2013
Author: Ashim Kumar Roy
Bench: Ashim Kumar Roy
1 Form No. J(1) In the High Court at Calcutta Criminal Revisional Jurisdiction Appellate Side Present:
The Hon'ble Justice Ashim Kumar Roy CRR No. 3243 of 2013 Smt. Ashrukana Das
-vs-
Raj Kumar Das For the Petitioner : Mr. Sanjay Kumar Sarkar For the O.P. :
Heard on:- 19th September 2013.
Judgement on:- 27th September 2013.
After awarding of maintenance in connection with a proceeding under Section 125 of the Code of Criminal Procedure while wife filed an application under Section 127 of the Code of Criminal Procedure for enhancement of quantum of maintenance, the husband simultaneously filed another application under Section 127 of the Code of Criminal Procedure for cancellation of the order of maintenance on the ground that after passing of such order the wife has obtained a job and has regular income.
Since the application of the husband under Section 127 of the Code of Criminal Procedure was kept pending, the husband moved this court for a direction for expeditious disposal of the said 2 application. When a co-ordinate Bench of this court having noticed that similar application at the behest of the wife is pending before the self-same court by an order passed in connection with CRR No. 1006 of 2013, directed that both the applications under Section 127 of the Code of Criminal Procedure to be disposed of within 4 months from the date of communication of the said order.
From the records, it appears that certified copy of such order was placed before the court below on 30th April 2013 and then again on 28th June 2013 from High Court order was communicated to him. However, till date, both the applications have kept pending and the next date for further hearing has been fixed on 6th of December 2013.
In the meantime, the wife-opposite party also moved the court below for expeditious conclusion of the trial. That application was fixed for hearing on 9th September 2013 and on that day again the hearing was adjourned till 27th September 2013.
Now, the wife being aggrieved by the pendency of her application under Section 127 of the Code of Criminal Procedure, has approached this court for a direction upon the court below for expeditious conclusion of the said proceeding. 3
Upon perusal of the records, I find that although the co-ordinate Bench of this Court directed the court below to dispose of both the applications under Section 127 of the Code of Criminal Procedure within 4 months from the date of communication of the order, still in utter violation of the order of this court and without any justifiable reason both the applications have been kept pending. Although 4 months from the date of communication of the order was expired on 30th August 2013.
This approached of the Learned Magistrate is highly deplorable. I, therefore, direct the Learned Magistrate without any further delay to dispose of both the applications within a period of two months from the date of communication of this order without fail.
The Learned Registrar (Administration) is directed to communicate this order to the Learned Magistrate and at the same time to apprise him not to disobey any order passed by this court in this fashion, which may invite necessary action against him in accordance with law.
This criminal revisional application is, thus, disposed of. Criminal Section is directed to deliver urgent Photostat certified copy of this order to the parties, if applied for, as early as possible.
(Ashim Kumar Roy, J.) pk