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Calcutta High CourtCRR/229/2010dismissed

Arabinda Jha v. Aruna Jha & ANR.

2021-09-10Honble Justice Ananda Kumar Mukherjee2 pages

10.09.2021 Ct. No. 29 sdas CRR 229 of 2010 In Re : An application under Section 401 read with Section 482 of the Code of Criminal Procedure.

and In Re : Sri Arabinda Jha .... petitioner The criminal revisional application was filed on 28.01.2010 under Sections 401 and 482 of the Code of Criminal Procedure by the petitioner/son against the opposite party no 1/mother of the petitioner pryaing for setting aside the order for interim maintenance of Rs.5,000/- per month payable to the opposite party no. 1 and for quashing of order dated 28.01.2009 passed by the learned Additional Chief Judicial Magistrate, Asansol, Burdwan in Miscellaneous Case No. 286 of 2008 and Miscellaneous Execution Case No 60 of 2009 arising out of Miscellaneous Case No. 286 of 2008.

On call none appears for the petitioner as well as the opposite parties no. 1 and 2.

On perusal of the record it appears that the criminal revision has been filed one year after passing the impugned order and no step has been taken by the petitioner for condonation of delay in this criminal case.

Considering the materials in the record and the impugned order, I find no illegality, irregularity or impropriety in the same

whereby interim maintenance has been allowed in favour of the aged mother of the petitioner.

Accordingly, the revisional application being CRR No. 229 of 2010 is dismissed on merit.

Let a copy of this order be sent to the court of the learned Additional Chief Judicial Magistrate, Asansol, Burdwan for necessary information.

Urgent photostat certified copy of this order, if applied for, be supplied to the applicant expeditiously after complying with all necessary formalities.

(Ananda Kumar Mukherjee, J.)