TAPATI DAS (MONDAL) v. STATE OF WEST BENGAL AND ANR
CRR/2526/2026 · 2026-07-13
Ajoy Kumar Mukherjee
body2026
DailyLaw.ai
[ 2026 DAILYLAW 27823 (CAL) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 27823 (CAL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT AT CALCUTTA
CRIMINAL REVISIONAL JURISDICTION
APPELLATE SIDE
A. 507 13.7.2026 Court No.29 Sc CRR 2526 OF 2026
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Re : An Application under Sections 401 read with Section 482 of the Code of Criminal Procedure corresponding to Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS).
In the matter of: Tapati Das (Mondal)
… Petitioner
Adv. Santanu Kumar Mitra Adv. Samrat Paul Adv. Amartya Pal.
… For the Petitioner
In this application the petitioner has prayed for expeditious disposal of the Maintenance Case No. 409 of 2009 presently pending before the Additional Chief Judicial Magistrate, 2nd Court, Basirhat. Being aggrieved by the inordinate delay caused in disposal of the said proceeding, learned counsel for the petitioner submits that the petitioner preferred an application under Section 125 of the Code of Criminal Procedure in the year 2009. By an order dated 01.7.2010, the Court below granted interim maintenance of Rs.1000/- per month to the petitioner and Rs.500/- per month to the child. The matter is pending since then for the last sixteen years. The petitioner, further, submits that this Court while disposing of CRR 2745 of 2013 by an order dated 28.10.2014 was pleased to direct the Court below to dispose of the said maintenance application within a period of three months from the date of
2 communication of the order but the said order has not been complied by the Court below. The petitioner submits that she has also filed an application under Section 127 of the Code of Criminal Procedure for enhancement of the maintenance amount which has also not been
disposed of by the trial Court and has been kept pending. Therefore,
learned counsel for the petitioner prayed that an appropriate direction may be passed upon the Court below so that the petitioner’s prayer for maintenance may be disposed of at the earliest. Having heard learned counsel for the petitioner, it appears that the prayer made by the petitioner is innocuous and if it is allowed in terms of the prayer made therein, the opposite party will have no cause to prejudice, as such, service of copy of the application upon the opposite party is dispensed with. Having considered the submissions made on behalf of the petitioner and that the maintenance proceeding is pending for a period of seventeen years, I find that the prayer made by the petitioner is justified and required to be allowed to secure the ends of justice. In view of the above, the instant application being CRR 2526 of 2026 is hereby disposed of with a direction upon the Court below or the Court-in-Charge of the Court below to make every endeavour for expeditious disposal of the proceeding being Maintenance Case No. 409 of 2009 presently pending before the Additional Chief Judicial Magistrate, 2nd Court, Basirhat and to conclude the said
3 proceeding within a period of three months from the next date of hearing.
(Dr. Ajoy Kumar Mukherjee, J.)