Calcutta High CourtCRR/295/2018disposed

Amar Nath Shaw v. Sujata Shaw & ANR

2021-06-22Hon'Ble Justice Tirthankar Ghosh2 pages

Sr. 26 22-06-2021 Subha.

Court no. 34

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE ( Via Video Conference ) CRR 295 of 2018 In Re : Amar Nath Saw.

........Petitioner.

In the matter of : An application under Sections 397/399 of the Code of Criminal Procedure, 1973.

The present revisional application has been preferred against the order dated 25th October, 2017 passed by the learned District and Sessions Judge, Howrah in Criminal Appeal No. 87 of 2017.

Record reflects that the revisional application earlier appeared on 31st January, 2018 and there was a direction for the matter to appear under the heading "Contested Application" four weeks thereafter. None appears for the petitioner or for the State or for the private opposite party.

I find that the grievance of the petitioner is in respect of interim maintenance which was allowed by the learned Judicial Magistrate, 6th court, Howrah in Criminal Miscellaneous Case No. 389 of 2016. The quantum of interim maintenance was to the tune of Rs.2000/- per month granted

to the wife and Rs.1000/- per month to the minor son. The learned appellate court on an appreciation of the materials placed before him was of the view that the quantum of maintenance so awarded was in consonance with the cost of living so far as the minimum expenditure is concerned and as such, there was no requirement for interference with the order passed by the learned Magistrate.

I have perused the reasons assigned by the appellate court and appreciated the fact that the maintenance so allotted was by way of an interim measure during the pendency of the whole of the proceedings.

Having regard to the reasons assigned by the learned appellate court as also by the trial court, I am of the view that no interference is called for by this court and, accordingly, CRR 295 of 2018 is dismissed.

All connected applications, if any, are disposed of. All parties are to act on the server copy of this order duly downloaded from the official website of this court. ( Tirthankar Ghosh, J. )