Subhash Das @ Subhash Chandra Das v. Bandana Das

20.02.2024

IN THE HIGH COURT AT CALCUTTA

Item No.79 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 604 of 2024 In the matter of : Subhash Das @ Subhash Chandra Das ... Petitioner.

Mr. Shibaji Kumar Das ... For the Petitioner.

The petitioner has challenged the order dated 13.10.2023 passed by learned Judicial Magistrate, 1st Class, Kalyani, Nadia in Misc. Case No. 259 of 2019 wherein the learned Magistrate was pleased to award interim maintenance of Rs.3000/- per month to the opposite party/wife.

Learned advocate appearing for the petitioner submits that he do not intend to canvass the issues in the present revisional application at this stage as the affidavit of assets and liabilities which were submitted by the opposite party gives rise to circumstances which were not argued at the relevant point of time. Accordingly, the petitioner prays for preferring an application in the nature of Section 127 of the Code of Criminal Procedure.

If the petitioner prefers such an application under Section 127 of the Code of Criminal Procedure, the learned Magistrate would consider the same in accordance with law and dispose of the same within a period of sixty days from the date of filing of such application.

With the aforesaid observations, the revisional application being CRR 604 of 2024 is disposed of.

Pending connected application, if any, is consequently disposed of.

All concerned 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.)