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2026 DAILYLAW 30280 (CAL)

ARCHANA MITRA v. STATE OF WEST BENGAL AND ANR

CRR/2933/2026 · 2026-07-27

Ajoy Kumar Mukherjee

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

27.07.2026 Serial no. 648 [Srimanta] Ct. No. - 29 CRR 2933 of 2026 In re : An Application under Section 482 of the Code of Criminal Procedure, 1973 corresponding to Section 528 of the Bharatiya Nagarik Sureaksha Sanhita, 2023 -And- In the matter of : ARCHANA MITRA … … Petitioner. Mr. Mit Guha Roy, Mr. Sayan Sarkar, Advocates … … For the Petitioner. 1. In this application, the petitioner has prayed for appropriate direction upon the Court below for expeditious disposal of proceeding being M. Execution Case No. 28/2026 under Section 144(3) of the BNSS, 2023 presently pending before learned Judicial Magistrate, 1st Court, Alipore. 2. Being aggrieved by the inordinate delay caused in disposal of the said proceeding, learned Counsel for the petitioner submits that the petitioner had initiated the said execution proceeding for recovery of arrear maintenance amount of Rs.70,000/- out of which only Rs.5,000/- has been paid by the opposite party no. 2/husband for last 14 months. The total interim arrear maintenance allowance of a sum of Rs.65,000/- has been remaining unpaid till date. Therefore, the petitioner prayed for passing appropriate direction upon the Court below for early disposal of the said execution case. 2 3. 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 in the application the opposite party will have no cause to prejudice and as such service of copy of application upon the opposite party is dispensed with. 4. Having heard learned Counsel for the petitioner and that the execution case is pending for a considerable period of time, I find that the prayer made by the petitioner is justified and required to be allowed to secure the ends of justice. 5. In view of above, the instant proceeding being CRR/2933/2026 is hereby disposed of with a direction upon the Court below to make every endeavour for expeditious disposal of the proceeding being M. Execution Case No. 28/2026 presently pending before learned Judicial Magistrate, 1st Court, Alipore, South 24-Parganas and to make his best effort to conclude the said execution case preferably within a period of three months from the next date of hearing. 6. All parties are to act on the server copy of this order duly downloaded from the official website of the Calcutta High Court. (Dr. Ajoy Kumar Mukherjee, J.)