20.08.2026 Sl. No.10. D/L. Mithun. Ct.No.29. CRR/3111/2026 Bachendri Ray Vs. The State of West Bengal & Ors. Mr. Prasad Bhattacharya …for the petitioner Mr. Shiven Ray …for the private respondent In the instant application, the petitioner has sought for a direction upon the Trial Court for expeditious hearing and disposal of the petitioner’s application filed under Section 19(7) of the Protection of Women from Domestic Violence Act, 2005 being C. Case No.799 of 2026 and also prayed for preponing the next date which has been fixed on 28th January, 2027. Being aggrieved by the inordinate delay, learned Counsel appearing on behalf of the petitioner submits that despite an operative residence order dated 04.06.2026 and despite refusal of stay by the Appellate Court, the petitioner continues to be unlawfully denied access to the shared household by the petitioner. Therefore, prolonged adjournment defeats the object of the Act and infringes the petitioner’s right to speedy and effective justice granted under Article 21 of the Constitution. Learned Counsel appearing on behalf of the opposite party submits that though the Appellate Court has refused to grant stay 2 in the appeal preferred by them but they have filed a review application which is pending for disposal. Learned Counsel for the petitioner submits that admittedly no stay has been granted by the Appellate Court and, as such, there is no impediment for the Trial Court to proceed with the hearing of the application filed by petitioner under Section 19(7) of the Act of 2005. Having considered submission made on behalf of both the parties, it appears to me that a direction is required to be passed upon the Appellate Court for early disposal of the criminal appeal being No.38 of 2026, presently pending before learned Additional District Judge, 1st Court, Barasat. In such view of the matter, the instant application being CRR 3111 of 2026 is hereby disposed of with a direction upon learned Additional District Judge, 1st Court, Barasat to dispose of the Criminal Appeal being Criminal Appeal No.38 of 2026 preferably within a period of one month from the next date of hearing and thereafter the Trial Court will proceed for early disposal of the proceeding initiated by the petitioner under the provisions of Act of 2005. 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. ) 3