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2026 DAILYLAW 770 (CAL)

MANISHA BAHADUR @ MONISHA BAHADUR v. STATE OF WEST BENGAL AND ANR

CRR/512/2026 · 2026-02-24

Chaitali Chatterjee Das

body2026

Judgment text

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23. 24-02-2026 (ct. no.34) debajyoti IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction CRR 512 of 2026 In re : An application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita corresponding to Section 482 of the Code of Criminal Procedure read with Article 227 of the Constitution of India. -And- In the matter of : Manisha Bahadur @ Monisha Bahadur Dr. Achin Jana, Adv., Mr. Prosenjit Ghosh, Adv., Ms. Chetna Rustagi, Adv., Mr. Debojyoti Kumar, Adv. … For the Petitioner. 1. This revisional application has been filed for a direction of expeditious disposal of Misc. Execution Case No.144 of 2023 pending before the learned Judicial Magistrate, 2nd Court, Chandannagore, Hooghly. 2. The crux of the matter that can be gathered from the submission advanced on behalf of the petitioner as well as going through the revisional application that an order of maintenance was passed directing Rs.8,000/- to be paid to the petitioner which was not paid regularly, as a result there was an accumulation of an outstanding amount of Rs.3,84,00,000/-. The case was put into execution in the year 2023 and only Rs.58,000/- as on date has been paid. The petitioner wife is highly prejudiced because of the delay caused by the executing court. Lastly, the petitioner’s effort to raise the issue of non-maintainability of this execution proceeding was not pressed in the Month of March, 2025. Despite that, no date was fixed for hearing of this execution application. 3. On careful perusal of the facts and circumstances and the certified copies of the orders passed on various dates by the learned Judicial Magistrate, First Class, 2nd Court, 2 Chandanngore, Hooghly, this Court fails to understand as to why the date is not fixed for hearing of the execution proceeding on the dates fixed excepting the direction to the J.C. to receive an amount from the opposite party. The matter is pending since 2023 and the learned Magistrate must consider the urgency involved in this case as it pertains to the order of maintenance granted in favour of the petitioner wife which has not been complied with by the husband. Therefore, the learned court is directed to dispose of this execution case as expeditiously as possible without granting any unnecessary adjournments to either of the parties and preferably within a period of two months from the date of receipt of a copy of this order. 4. The revisional application is, thus, disposed of. 5. Let a copy of this order be sent to the concerned court to taking appropriate steps. 6. All parties shall act on the server copies of this order duly downloaded from the official website of this Court. 7. Criminal Section is directed to supply certified copies of this order to the parties, if applied for, upon compliance of all necessary formalities. [Chaitali Chatterjee (Das), J.]