Petitioner sought speedy disposal of an execution case on a Section 125 CrPC maintenance order directing Rs.22,000 per month, which remained unpaid. The High Court directed the Judicial Magistrate, Coochbehar to conclude proceedings within two months without unnecessary adjournments.
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17.12.2024 rc/ct.no.02 Item No.24
IN THE HIGH COURT AT CALCUTTA Circuit Bench at Jalpaiguri Criminal Revisional Jurisdiction
CRR No.485 of 2024
In the matter of : Rumki P Sangani @ Rumki Shil
…....Petitioner
Ms. Suman Sehanabis (Mandal) Mr. Saloh Sah Ms. Anwesha Chakraborty …for the Petitioner
Since the petitioner seeks expeditious disposal of Misc. Execution Case No. 69 of 2023 pending before the learned Judicial Magistrate, 3rd Court, Sadar, Coochbehar, the matter may be disposed of without service of notice upon the opposite party. The opposite party shall not be prejudiced by an order directing expeditious disposal of the case.
It appears that the petitioner was favoured with an ex parte order under Section 125 of the Code of Criminal Procedure on March 16, 2023 in Misc. Case No. 201 of 2017. The order directs the private opposite party to pay Rs.6000/- per month for the petitioner and Rs.8000/- for each of the two minor daughters, totaling amount payable being Rs.22,000/- from the date of filing of the application. Since the opposite party failed to pay a farthing to the petitioner in compliance with the said order, the order was put into execution vide Execution Case No. 69 of 2023. The execution case is pending and several dates have been fixed for
2
execution return of distress warrant issued against the opposite party.
In view of the above, learned Judicial Magistrate, 3rd Court, Sadar, Coochbehar is directed to take the proceedings to its logical conclusion upon taking necessary steps for securing the attendance of the opposite party before him, within two months from the next date of hearing fixed before him, without granting any unnecessary adjournment to either of the parties, in accordance with law.
CRR No. 485 of 2024 is disposed of accordingly.
All parties shall act on the server copy of this order duly downloaded from the official website of this Court.
Urgent certified website copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.
(Suvra Ghosh,J)
1 issue framed by the court
Whether the High Court should direct expeditious disposal of a pending execution case arising from a maintenance order under Section 125 CrPC.
1 provisions across 1 enactments
Rumki P Sangani @ Rumki Shil
Suvra Ghosh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
