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2026 DAILYLAW 43035 (CAL)

MITHUN GHOSH v. SREYA GHOSH

CRR/4188/2026 · 2026-09-24

Ajoy Kumar Mukherjee

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

24.9.2026 932. BD CRR 4188 of 2026 Sri Mithun Ghosh Vs. Smt. Sreya Ghosh Mr. Saryati Datta Mr. Arindam Guhathakurata …for the Petitioner In this application the petitioner has prayed for a direction upon the court below for expeditious disposal of the proceeding being Misc. Case No. 35 of 2021 presently pending before learned Judicial Magistrate, 4th Court, Barrackpore, North 24 Parganas. Being aggrieved by the inordinate delay caused in disposal of the said proceeding, learned counsel for the petitioner submits that the opposite party herein initiated the proceeding under section 12 of the Protection of Women from Domestic Violence Act, 2005 on 10th February, 2021. Since then only Examination-in-Chief of PW 1 has been completed in part. He further submits that the proceeding under section 12 of the Act, of 2005 is required to be disposed of within a time limit but here the proceeding is pending for disposal for more than five and a half years. Therefore, the petitioner/husband has prayed for a appropriate direction upon the court below for expeditious disposal of the said proceeding. Having heard learned counsel for the petitioner, I find that the prayer made by the petitioner is innocuous 2 and if it is allowed in terms of the prayer made therein, the opposite party will have no cause to prejudice and as such, the service of copy of application upon the opposite party is hereby dispensed with. Having considered the submissions made on behalf of the petitioner and that the present proceeding is pending for more than five and a half years without any substantial development in hearing of the proceeding, I find that the prayer made by the petitioner is justified and required to be allowed to secure the ends of justice. In view of the above, the instant application being CRR 4188 of 2026 is hereby disposed of with a direction upon the court below to make every endeavour for expeditious disposal of the said 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.)