Ila Mazumder Vs State of West Bengal and Anr. — Dowry and Cruelty | Calcutta HC (2025)

Ila Mazumder Vs State of West Bengal and Anr. — Dowry and Cruelty | Calcutta HC (2025)

What the court decided

AI extract

Outcome

Expeditious-disposal direction issued to the learned trial Court: comply with the coordinate Bench direction dated 13-01-2025, fixing day-to-day hearing if required, so as to bring the trial pending since 2004 to a logical conclusion at the earliest; the revisional application itself was disposed of with the merits not entertained.

Issue for consideration

Whether the trial Court should be directed to expedite disposal of the proceeding pending since 2004 under Sections 498A/406 IPC, the petitioner being the mother-in-law aged about 79 years whose PW 1 evidence is incomplete due to repeated frivolous adjournment prayers and Section 317 absences by the complainant.

Court's answer

Considering the matter pending since 2004 and the coordinate Bench's existing direction for disposal, the Court holds the learned trial Court ought to have considered the matter seriously, taking into account the age of the petitioner roped under Section 498A of the IPC.

Ratio / Principle

The learned trial Court is further directed to comply positively with the coordinate Bench's direction dated 13-01-2025 and, if required, by fixing day-to-day hearing of the case, considering the matter pending for the last 21 years; it is expected to follow the direction and take appropriate steps to reach a logical conclusion of the trial at the earliest.

Key takeaways

The matter was heard without effecting any notice to the opposite parties since no prejudice would be caused; the Court expressly did not entertain the merits of the case.ratio¶13

Detailed headnote1 paragraphs

CRR 3790 of 2025 — Ila Mazumder v. State West Bengal & Anr. (High Court at Calcutta, Criminal Revisional Jurisdiction; Chaitali Chatterjee (Das), J.). Revisional application lodged solely for expeditious disposal of a proceeding pending since 2004 under Sections 498A/406 of the Indian Penal Code, petitioner being the mother-in-law aged about 79 years; PW 1 evidence incomplete owing to repeated frivolous adjournment prayers, Section 317 applications and non-presentation by the complainant, who had also applied for return of stridhan articles. A coordinate Bench had on 13 January 2025 directed completion within six months without unnecessary adjournments. Finding the trial Court ought to have taken serious account of the aged petitioner roped under Section 498A IPC, this Court further directed compliance with the 13-01-2025 direction, day-to-day hearing if required, the matter having been pending 21 years, to secure a logical conclusion at the earliest. Application disposed of; merits not entertained; heard without notice to the opposite parties.

28-11-2025 (ct. no.34) debajyoti

IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction

CRR 3790 of 2025

Ila Mazumder Vs. State West Bengal & Anr.

Mr. Kallol Mondal, Sr. Adv., Mr. Dyutiman Banerjee, Adv., Mr. Souvik Das, Adv.

… For the Petitioner.

The instant petition has been filed for expeditious disposal of the proceeding under Sections 498A/406 of the Indian Penal Code. It is submitted by the learned Senior Advocate appearing for the petitioner that the petitioner is the mother-in-law aged about 79 years and the proceeding is pending since 2004 and as of now, the evidence of PW 1 has not been completed because of several frivolous prayer for adjournment made on behalf of the complainant.

Heard the submission advanced by learned Senior Advocate for the petitioner. Perused the record. It appears from the record that a coordinate Bench of this Court on 13^th January, 2025, considering all aspects, directed the learned trial Court to come to a logical conclusion within a period of six months from the next date of hearing fixed before the learned trial Court without granting any unnecessary adjournment to either of the parties in accordance with law. Subsequently, an application was filed by the complainant or return of stridhan articles and on repetitive occasions files applications under Section 317 and she did not present before the learned court.

Considering the facts and circumstances of the case when a matter is pending since 2004 and there was a

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direction by a Co-ordinate Bench of this Court for disposal of the case, this Court is of the view that the learned trial Court ought to have considered the matter seriously taking into account the age of the petitioner who has been roped under Section 498A of the IPC.

Therefore, the learned trial Court is further directed to comply with the direction of the coordinate Bench of this Court dated 13-01-2025 positively and if required, by fixing day-to-day hearing of the case, considering that the matter is pending for the last 21 years. It is expected that the learned trial Court will follow the direction of this Court and shall take appropriate steps in order to come to a logical conclusion of the trial at the earliest.

With this observation, this revisional application is disposed of. It is made clear that the matter is heard without effecting any notice to the opposite parties since no prejudiced would be caused and this court has not entertain the merit of the case.

Hence this Criminal Revision stands disposed of.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court.

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.]