Disposed

Brij Mohan Tewary and Others v. State of West Bengal and Anr.

Calcutta HC11 Sept 2026CRR/4436/2023

Case brief

AI extract

What is this about?

The High Court dismissed a revisional application as infructuous on the issue of residence and disposed of another as it conflicted with an admitted appeal. The Court directed the Sessions Judge to dispose of the pending appeal expeditiously without adjournments, noting the current order did not address merits.

What did the court decide?

Directing the Sessions Judge to dispose of the pending appeal under Section 29 of the PWDV Act expeditiously without unnecessary adjournment.

Brij Mohan Tewary and Others Vs State… — Constitutional and Fundamental Rights | Calcutta HC (2026)

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11.09.2026 Item No.1 & 2. Ct. No. 34

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CRR 4035 of 2023

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In the matter of: Meenakshi Tewari.

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...… petitioner.

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With CRR 4436 of 2023

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IA No. CRAN 1 of 2026

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In the matter of: Sri Brij Mohan Tewary & Ors.

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...… petitioner.

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Mr. Sandipan Ganguly, Sr. Adv., Mr. Ayan Bhattacharjee, Sr. Adv, Mr. Arkaprabho Roy, Mr. Amitabrata Hait,

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.…For the Petitioner(in CRR 4035 of 2023).

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…. For the O.P. (in CRR 4436 of 2023). Mr. Francis Samson Correa, Mr. Sunny Nandy, Ms. Sneha Singh, Mr. Binoy Thakur,,

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…… For the O.P. (in CRR 4035 of 2023) …. For the petitioner (in CRR 4436 of 2023)

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In Re. CRR 4035 of 2023

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Pursuant to the submission made by the learned senior advocate Mr. Sandipan Ganguly, the application was originally filed for expeditious disposal of the revisional application filed under Section 23 of the PWDV Act pending before the Trial Court in the year 2023. The said application has been allowed and the petitioner has got an order of residence. Therefore, there is no reason to further continue with the present revisional application as it has become infructuous.

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The opposite parties are represented.

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Hence, considering the submission advanced on behalf of the petitioner that this revision application has lost its force is dismissed as fructuous.

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In Re. CRR 4436 of 2023

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This revisional application has been filed by the in-laws in connection with an order dated 4.11.2023 passed in complaint case No. C 264 of 2021 under Section 23 of the Domestic Violence Act, 2005 by the learned Judicial Magistrate, 1^st class Budhannagar. During pendency of this application, one application has been taken out by the opposite party praying for dismissal of the revisional application solely on the ground of maintainability since there is specific provision under Section 29 of the PWDV Act in turn of which any order passed by the learned Magistrate an appeal is maintainable.

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Learned advocate representing the petitioner submits that the revisional application was filed during vacation when the concerned forum was not available. However, it is an admitted fact that the appeal has already been filed.

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Hence, considering the submissions, this Court is of the considering view that there is no reason to allow this revisional application to continue further as it is not sustainable in the eye of law.

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Hence the application being CRAN 1 of 2026 is allowed.

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The revisional application being CRR 4436 of 2023 is disposed of in view of the above observation.

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The learned Sessions Judge, 24 Parganas(North) is directed to make all endeavour to dispose of the appeal pending under Section 29 of the PWDV Act as expeditiously as possible without granting any unnecessary adjournment to either of the parties.

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It is made clear that this court has not gone into the merit of the case and the learned District Judge is at liberty to deal with the matter in accordance with law.

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

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(CHAITALI CHATTERJEE (DAS), J.)

Brij Mohan Tewary and Others v. State of West Bengal and Anr.

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Brij Mohan Tewary and Others v. State of West Bengal and Anr.

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