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Calcutta High CourtCRR/183/2021disposed

Ditesh Ch. Roy v. Nandita Karmakar Roy And ANR.

2022-12-08Hon'Ble Justice Tirthankar Ghosh2 pages

08.12.2022

IN THE HIGH COURT AT CALCUTTA

Item No.14 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 183 of 2021 with CRAN 1 of 2021 Ditesh Chandra Roy versus Nandita Karmakar Roy & Anr.

In Re: An Application under Section 401 of the Code of Criminal Procedure.

Mr. Prabir Majumder, Mr. Snehansu Majumder, Mr. Avisek Chatterjee ... For the Opposite Party No.1.

The present revisional application was preferred with a prayer for staying of warrant of arrest issued on 17.02.2021 by learned Judicial Magistrate, 5th Court, Krishnagar, Nadia in Execution Case No. 136 of 2020.

The present revisional application is pending since January 2021. The records reflect that this revisional application appeared on 22.01.2021, 25.01.2021, 26.02.2021, 01.03.2021, 09.03.2021 and 06.04.2021, no effective steps have been taken on behalf of the petitioner to pursue the present revisional application. The subject-matter of this revisional application relates to a proceeding under Section 125 of the Code of Criminal Procedure wherein the learned Magistrate after assessing the evidence was pleased to direct the husband to pay a sum of Rs.6000/- per month to the wife and Rs.4000/- per month to the minor child aggregating to a sum of Rs.10,000/- per month.

Having regard to the subject matter of the case relating to maintenance which is commensurate with the present day cost of living, I am not inclined to interfere with the order passed by the learned Judicial Magistrate, 5th Court, Krishnagar, Nadia.

So far as the execution case is concerned, the learned Magistrate would see that the arrears are paid, if not already paid, expeditiously dispose of the same by February 2023. With the aforesaid observations, the revisional application being CRR 183 of 2021 is disposed of. Pending connected application is consequently disposed of.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)