IN THE HIGH COURT OF JUDICATURE AT PATNA CR. WJC No.874 of 2009 ANIMA MUKHERJEE DAUGHTER OF LATE PRAMOTHO NATH MUKHERJEE, RESIDENT OF MOHALLA LARKANIA TOLA, P.O., P.S. & DISTRICT- KATIHAR Versus 1. THE STATE OF BIHAR THROUGH S.D.O. KATIHAR, P.O., P.S. & DISTRICT- KATIHAR 2. MOST. JAY RANI MUKHERJEE, WIFE OF LATE KRISHNA KUMAR MUKHERJEE 3. PRATIMA MUKHERJEE, DAUGHTER OF LATE KRISHNA KUMAR MUKHERJEE, BOTH 2 & 3 ARE RESIDENT OF MOHALLA LARKANIA TOLA, P.O., P.S. & DISTRICT- KATIHAR ----- FOR THE PETITIONER : MR. P.K. JAIPURIYAR, ADVOCATE MR. ANSHUMAN JAIPURIYAR, ADVOCATE FOR THE STATE : MR. SUNIL KUMAR MANDAL, SC XXIV DR. ABDUS SHAKUUR, AC TO SC XXIV ******** 4 27.04.2011 Heard learned counsels for the petitioner and the State. No one appears for the respondent nos. 2 & 3. Petitioner through this writ application has challenged the order dated 18th February, 2009 (Annexure-3) passed by the Sessions Judge, Katihar in Criminal Appeal No. 70 of 2008, whereby the order dated 20th March, 2008 passed by the Sub-Divisional Judicial Magistrate, Katihar in Case No. CA 2255 of 2007 whereby by way of interim relief it was directed that the petitioner be not dispossessed from the house in question and the respondents were directed to pay a sum of Rs. 2,000/- per month as a monetary help and to provide medical aid whenever needed, has been set aside. It is submitted on behalf of the petitioner that the respondent no.2 is her sister-in-law (bhabhi) and the respondent no.3 is the daughter of the respondent no.2. it is further submitted that the petitioner had filed an application under section 12 of the Protection to the Women from the Domestic Violence Act, 2005. It is further submitted that the aforesaid complaint vide Complaint No. 2255 of 2007 is pending for disposal in the Court of Sub-Divisional Judicial Magistrate, Katihar. It is further contented that the Appellate Court while setting aside the interim order dated 20th March, 2008 as contained in Annexure-1 directed the Court below to consider the plea raised by the respondents in their appeal at the time of disposal of the main case. Considering the submissions and the fact that the aforesaid Act is beneficial legislation to protect the women from domestic violence, it is expedient in the interest of justice that the aforesaid complaint case be disposed of without delay. Accordingly, it is directed that let the aforesaid case be disposed of after considering all the pleas raised by the parties expeditiously preferably within a period of four months on receipt/production of the certified copy of the present order. Till disposal of the case, the petitioner Anima Mukherjee shall not be dispossessed from the house in question and with regard to any monetary help by way of interim relief, it will be open for the petitioner to file a fresh application which would be considered by the trial Court expeditiously preferably within a period of one month on filing of such application. The writ application accordingly stands disposed of with the above observations/directions. Manish/- ( Shailesh Kumar Sinha,J.)