Extracted from the PDF above. The PDF is authoritative.
23.07.2026 Sl. No.07. D/L. Mithun. Ct.No.29. CRR/2917/2026
Soma Basu (Datta) Vs. Swastik Datta & Ors. Mr.Shibaji Kumar Das, Mr. A. Ahmed, Mr. Dipendu Sarkar …for the petitioner
In this application, the petitioner has prayed for expeditious disposal of Complaint Case No.A.C.-1900 of 2023 being a proceeding initiated under Section 12 along with application under Section 23 seeking interim monetary relief under the provision of Protection of Women from Domestic Violence Act, 2005 presently pending before learned Judicial Magistrate, 10th Court, Alipore. Being aggrieved by the inordinate delay caused in disposal of the said proceeding, learned Counsel for the petitioner submits that the petitioner filed the said proceeding under Section 12 of the Act of 2005 along with an application under Section 23 of the said Act on 11th July, 2023. Since then 3 years have already been passed but her application under Section 23 of the Act of 2005 has not yet been disposed of and the next date is fixed on 31st October, 2026 for hearing of the said petition. Having heard learned Counsel for the petitioner who appeared through virtual mode, it appears that the prayer made by the petitioner is innocuous and if it is allowed in terms of the
2 prayer made in the application, the opposite party will have no cause to prejudice. Therefore, service of copy of application upon the opposite party is dispensed with. Having heard learned Counsel for the petitioner and also considering the fact that the petitioner’s application under Section 23 of the Act of 2005 has not yet been disposed of and is pending for disposal for last 3 years, I find that the prayer for appropriate direction upon the Court below to dispose of the said application at the earliest is justified and required to be allowed to secure the ends of the justice. In view of above, the instant application being CRR 2917 of 2026 is hereby disposed of with a direction upon the Court below or Court-in-charge of the Court below to make every endeavour for expeditious disposal of the main application as well as the interim prayer made by the petitioner and to dispose of the petitioner’s application filed under Section 23 of the Act of 2005 on the next date, i.e. on 31st October, 2026 or within a period of 30 days thereafter.
Parties to act on a server copy of this order duly collected from the official website of the Hon’ble High Court, Calcutta. ( Dr. Ajoy Kumar Mukherjee, J. )