Extracted from the PDF above. The PDF is authoritative.
21.09.2026 Sl.No. 5 Ct. 39 Amalranjan IN THE HIGH COURT AT CALCUTTA CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE
CRR 2477 OF 2023
SOMA DAS ROY VS.
BISWAJIT DAS
1. None appears on behalf of the petitioner on call, nor is any accommodation sought. Even on earlier occasions, none represented the petitioner.
2. This case pertains to the year 2023.
3. Considering the nature of the prayer and long pendency of this case, this Court prefers to decide the case on merits based on the materials available on record.
4. The petitioner has filed this revisional application under Section 482 read with Section 401 of the Criminal Procedure Code seeking expeditious disposal of M Case 267 of 2018 (Soma Das Roy Vs. Biswajit Das) pending before the learned Judicial Magistrate, 2nd Court at Barasat, North 24 Parganas, arising out of an application filed under Section 125 of the Code of Criminal Procedure.
5. The fact, in a nutshell, is that the present petitioner, after the solemnisation of her marriage, stepped into her matrimonial home and started living her conjugal life
2 with the opposite party/husband. Out of the said wedlock, a female child was born on 12.12.2016 at New Barrackpore Matri Sadan. However, her mother bore the total expenditure of the delivery of their daughter. The situation became worse when she gave birth to a female child. Subsequently, it turned into misbehaviour and inflicting physical torture and mental cruelty upon the petitioner/wife for giving birth to a female child. The husband and the in-laws expected a male child, and as the petitioner gave birth to a female child, the opposite party/husband, including his relatives, straightaway demanded Rs. 2 lakhs from the petitioner/wife. When she failed to meet their demand, she was tortured physically, mentally and emotionally by the in-laws of the husband even in the smallest matter and forced to starve along with her infant daughter throughout the day.
6. The petitioner filed a complaint case under Section 125 of the Cr.P.C. in the year 2018. The learned Trial Court passed an
order granting time to the opposite party/husband to file an affidavit of assets, subject to payment of cost of Rs. 500/-. The case was delayed on account of non-adducing of evidence by the parties, and the trial could not be concluded. As such, the present revisional application seeks direction upon the Trial Court for early disposal.
3
7. Upon perusal of the entire facts and circumstances and considering that the case, filed under Section 125 of the Cr.P.C. has been pending since 2018, the petitioner should have got an opportunity to adduce evidence, and the case should have been disposed of as expeditiously as possible.
8. It is settled law that when the matter is filed for maintenance, the same may be disposed of by the Trial Court as early as possible without granting unnecessary adjournment. Speedy disposal of maintenance case is expected otherwise the very object of legislation is defeated. The petitioner and her daughter are staying with her parents at their mercy; although it is the husband’s moral and statutory obligation to maintain them according to his status and income.
9. The prayer for expeditious disposal is simple and innocuous, and if such prayer is allowed, none would be prejudiced. Furthermore, there is no impediment to dispose of this revisional application directing the Trial Court to decide the said Misc. Case and come to a logical conclusion independently and in accordance with law and dispose of the same as expeditiously as possible without being influenced by any of the observations made whatsoever in this order, if not already disposed of.
4
10. With the above direction, CRR 2477 OF 2023 is
disposed of.
11. Consequently, the connected applications, if any, stand
disposed of.
12. Interim order, if any, stands vacated.
13. Let a copy of this order be communicated to the learned court below forthwith.
14. All parties shall act in terms of the copy of this order downloaded from the official website of this court.
15. Concerned Department is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities.
(Ajay Kumar Gupta, J. )