Research › Search › Judgment

Calcutta High Court · body

2026 DAILYLAW 34992 (CAL)

DALIA GHOSH NEE SINGH v. RAJKISHORE SINGH AND ANOTHER

CRR/3071/2026 · 2026-08-17

Ajoy Kumar Mukherjee

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

17.08.2026 Sl. No.750. D/L. Mithun. Ct.No.29. CRR/3071/2026 Dalia Ghosh nee Singh Vs. Rajkishore Singh & Anr. Mr. Supriyo Ghosh, Ms. Susmita Adhikary, Mr. Sandipan Dinda, Mr. Ashis Bhukta …for the petitioner In this application, the petitioner has prayed for expeditious disposal of the proceeding being Misc. Crl Case No.535 of 2019 under Section 125 of the Code of Criminal Procedure presently pending before learned Judicial Magistrate, 4th Court at Krishnagar. Being aggrieved by the inordinate delay caused in disposal of the said proceeding, learned Counsel for the petitioner submits that the petitioner was subjected to cruelty and was driven out from her matrimonial home and for which she instituted the present case being Misc. Crl. Case No.535 of 2019 in the year 2019 seeking maintenance. Learned Court below directed the husband/opposite party no.1 to pay maintenance @ Rs.2,000/- per month to the petitioner and Rs.4,000/- per month to the minor sons. Against that order, the husband/opposite party preferred criminal motion No.46 of 2023 before the Sessions Judge who by an order dated 29.06.2024 was pleased to set aside the order of the Trial Court and directed the learned Judicial Magistrate to make de 2 novo trial with a further request upon the Trial Court to dispose of the proceeding preferably within a period of three months from the appearance of the parties. Thereafter on 19.02.2025, the cross- examination of the petitioner was completed and the next date was fixed for the evidence of opposite party but despite the specific direction made by the revisional Court, the proceeding has been kept pending without final disposal till then. Therefore, the petitioner has prayed for appropriate direction upon the Court below for early disposal of the said proceeding. 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 and, as such, service of copy of application upon the opposite party is dispensed with. Having heard learned Counsel for the petitioner and upon considering the fact that the recording of evidence of the opposite party has got stalled for about 1½ years, I find that the prayer made by the petitioner is justified and is required to be allowed to secure the ends of justice. In view of above, the instant application being CRR 3071 of 2026 is hereby disposed of with a direction upon the Court below to make every endeavour for expeditious disposal of the proceeding being Misc. Crl. Case No.535 of 2019 and to make his best effort to conclude the entire proceeding preferably within a period of three months from the next date of hearing. 3 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. )