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2026 DAILYLAW 39673 (CAL)

SUBRATA SARKAR v. STATE OF WEST BENGAL AND ANR

CRR/3432/2026 · 2026-09-10

Ajoy Kumar Mukherjee

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

10.9.2026 04. BD CRR 3432 of 2026 Subrata Sarkar Vs. The State of West Bengal & Anr. Mr. Malay Bhattacharya Mr. Subhrojyoti Ghosh …for the Petitioner The petitioner has filed the instant application seeking a direction upon the court below for expeditious disposal of the case arising out of Complaint Case No. 154 of 2022 under section 12 read with section 23 of the Protection of Women from Domestic Violence Act, 2005, presently pending before learned Judicial Magistrate, Bongoan. It is submitted by the petitioner that the said application under section 12 was filed on 2nd September, 2022. After a long lapse of time the recording of evidence of petitioner’s witnesses started on 27.08.2024, which continued till 30th July, 2025. Thereafter evidence of PW 2, started on 28th October, 2025 but till date it has not been completed and the next date is fixed on 17.12.2026 for further evidence of PW2. Being aggrieved by the inordinate delay caused in disposal of the said proceeding, learned counsel for the petitioner prays for appropriate direction upon the court below for expeditious disposal of the said proceeding. 2 Having heard learned counsel for the petitioner I find that the prayer made by the petitioner is innocuous and if it is allowed in terms of the prayer made therein, the opposite parties will have no cause to prejudice and as such, the service of copy of application upon the opposite parties is hereby dispensed with. Having considered the submission made on behalf of the petitioner, and that the proceeding under section 12 of the D.V.Act, which is required to be disposed of within a time frame under the statute is dragging for last four years without having any result. In such circumstances, I find that prayer made by the petitioner is justified and is required to be allowed to secure the ends of justice. In view of the above, the instant application being CRR 3432 of 2026 is hereby disposed of with a direction upon the court below to make every endeavour for expeditious disposal of the proceeding and to make his best effort to conclude the entire proceeding preferably within a period of six months from the next date of hearing. Urgent Photostat certified copy of this order, duly applied for, be given to the parties upon compliance of all requisite formalities. (Dr. Ajoy Kumar Mukherjee, J.)