Biswanath Dey v. Suparna Dey And Another

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction 15-04-2024 Subha Item no.33 Ct no.34 CRR 103 of 2023 Biswanath Dey -versus- Suparna Dey and anr.

Mr. Dipanjan Chatterjee Ms. Sananda Bhatttcharya ....for the petitioner.

Learned advocate for the petitioner is present. However, none appears on behalf of the private opposite party.

Petitioner has raised some issues regarding the evidence being ignored by the learned Judicial Magistrate, 2nd court, Ranaghat in connection with Misc. Case No. 126 of 2016. I find from the records that the learned Magistrate relied upon exhibit 'A' which according to the learned Magistrate reflected pension of Rs.22,386/- and on the basis of such foundation awarded a sum of Rs.7000/- per month to the wife. Having regard to the manner in which the learned Magistrate arrived at its conclusion, I am of the view that at this stage there is nothing on record to interfere with the impugned order. However, if there are change of circumstances, the petitioner would be at liberty to prefer an application under Section 127 of the Code of Criminal Procedure. The learned Magistrate on such an application being filed will dispose of the same within a period of

three months from the appearance of the opposite party. With the aforesaid observations, the revisional application being CRR 103 of 2023 is disposed of.

Pending applications, if any, are consequently disposed of. All concerned parties are to act in terms of a copy of this order duly downloaded from the official website of this court. [Tirthankar Ghosh, J]