LAWS(CAL)-2021-2-61

APU KUNDU Vs. STATE OF WEST BENGAL

Decided On February 19, 2021
Apu Kundu Appellant
V/S
STATE OF WEST BENGAL Respondents

JUDGEMENT

(1.) This is an application challenging the order no.13 dated 19.01.2021 passed by the learned Additional Sessions Judge, Fast Track Court-IV, Barrackpore, North 24 Parganas in Criminal Appeal No.14 of 2019 under Section 29 of the Protection of Women From Domestic Violence Act, 2005.

(2.) An original copy of the application, along with corresponding receipt, praying for supply of a certified copy of the order dated 22.02.2021 passed by the learned Appellate Court, as filed in Court, is taken on record.

(3.) Learned counsel appearing on behalf of the petitioner husband submits as follows. The petitioner is the respondent in the appeal preferred by the opposite party no.2 being Criminal Appeal No.14 of 2019 challenging an order passed under the Protection of Women From Domestic Violence Act, 2005. The wife had challenged the order of learned trial court whereby no maintenance allowance was granted to her and also about the insufficiency of maintenance allowance granted to the minor child. On 19.01.2021, an adjournment was prayed for on behalf of the respondent husband by his learned advocate as the learned advocate was busy in a sessions trial. The learned trial court was pleased to impose a hefty cost of Rs.10,000/- and fixed the next date as 02.02.2021. On 02.02.2021, the learned appellate court was pleased to close the arguments and fix 23.02.2021 for judgment. The petitioner was not heard in the appeal where he was a respondent. Although the petitioner had applied for certified copy of the order dated 02.02.2021, the same was not supplied to him.