Rupa Sharma v. State Of West Bengal And ANR

27.02.2024

IN THE HIGH COURT AT CALCUTTA

Item No.58 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 762 of 2024 In the matter of : Smt. Rupa Sharma ... Petitioner.

Mr. Mit Guha Roy ... For the Petitioner.

The petitioner is aggrieved by the fact that in M. Ex. No. 288 of 2022 which is pending before learned Judicial Magistrate, 8th Court, Alipore, an arrear has accumulated wherein only Rs.12000/- out of an amount of Rs.1,20,000/- dues have been cleared.

Learned advocate appearing for the petitioner submits that although the husband/opposite party no.2 was arrested, however, by paying a meagre amount, he is being released. Having considered the plight expressed by the petitioner, I direct that the learned Judicial Magistrate, 8th Court, Alipore would see to that the petitioner would pay the regular sum of Rs.5000/- per month towards arrear and an additional sum of Rs.10,000/- on each and every month thereby liquidating all the arrears by 31.01.2025. It has been submitted that the husband/opposite party no.2 is appearing before the court and by paying a cryptic/meagre sum of amount is buying time in absence of the petitioner or his learned advocate.

Learned Judicial Magistrate, 8th Court, Alipore or any Magistrate in-charge of the court of the learned Judicial Magistrate, 8th Court, Alipore would give audience to the

petitioner or his learned advocate before any order is passed in the execution case.

With the aforesaid observations, the revisional application being CRR 762 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.)