Chandan Palit v. State Of West Bengal And ANR

July 18, 2023 AD - 29 Ct. 34 SG CRR 353 of 2023 Chandan Palit -versus- State of West Bengal and another Mr. Amitabha Ghosh Ms. Nabanita Chatterjee ... for the petitioner.

The revisional application was preferred before this Court when the appellate court being the Additional District & Sessions Judge, Serampore was in seisin of Criminal Appeal No.05 of 2023.

The plight of the petitioner is regarding the quantum of interim maintenance which has been awarded and the learned appellate court not having considered mental health status of the private opposite party/respondent has concurred with such order.

Having regard to the fact that the criminal appeal is still pending, I direct that the learned court to complete the hearing of the criminal appeal within a month from the next date so fixed.

Learned trial court would consider the merits of the case in its proper perspective and it is made clear that this Court has not entered into the merits of the contentions as the appellate court is already in seisin of the matter.

With the aforesaid observations, CRR 353 of 2023 is disposed of.

Pending application, if any, 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 certified copy of this order, if applied for, be made available to the parties upon compliance of such requisite formalities.

( Tirthankar Ghosh, J. )