← Library
Calcutta High CourtCRR/227/2022disposed

Rajesh Patua v. State Of West Bengal And ANR

2024-04-29Hon'Ble Justice Shampa Dutt (Paul)2 pages

29.04.2024 Serial no.25 Aloke Ct. No. 30 CRR 227 of 2022 Rajesh Patua vs.

The State of West Bengal & Anr.

Mr. Prosenjit Mukherjee Mr. Samrat Banerjee ... for the opposite party no. 2 The present revisional application has been preferred praying for quashing of the impugned order dated 14.12.2021 passed by the learned Judicial Magistrate, 3rd Court, Rampurhat, Birbhum, in Misc. Case No. 101 of 2021 for interim maintenance under Section 125 Cr.P.C.

Since the date of listing the petitioner is not being represented in the present case.

The learned counsel for the opposite party no. 2 is present.

Considering the materials on record and the nature of the proceedings and in view of the fact that the order under revision is an interim order for maintenance, the petitioner shall be at liberty to agitate the points before the Trial Court at the time of final disposal of the case which shall be disposed of by the learned Magistrate as per the guidelines of the Hon'ble Supreme Court in Rajnesh vs. Neha reported in (2021) 2 SCC 324. The present revisional application is accordingly disposed of.

All connected application, if any, stands disposed of. Interim order, if any, stands vacated.

Urgent Photostat certified copy of this order if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Shampa Dutt (Paul), J.)