Prasanta Dutta v. State Of West Bengal And ANR

C.R.R.521 of 2021 D/L16 13.12.2022 Bpg.

In Re: An application under Section 482 read with Section 401 of the Code of Criminal Procedure, 1973;

Prasanta Dutta

Versus

The State of West Bengal and another Mr. Ashique Mondal, Ms. Jaita Ghosh.

...for the petitioner.

The subject matter of the revisional application relates to an order dated 24th February, 2020.

The grievance of the petitioner is that on an application under Section 127 of the Code of Criminal Procedure filed at the instance of the opposite party, the learned Additional Chief Judicial Magistrate, Barrackpore, North 24 Parganas was pleased to enhance the amount of maintenance from Rs.4,000/- per month to Rs.6,500/- per month. According to the present petitioner, the said amount is exorbitant.

Having regard to the present day cost index, I am of the opinion that Rs.6,500/- per month would amount to something more than Rs.200/- per day which is not excessive for an individual to survive. As such, I do not find any reason to interfere with the impugned order. If there are change of circumstances, petitioner would be at liberty to bring the same to the notice of the learned Additional Chief Judicial Magistrate, Barrackpore, North 24 Parganas.

With the aforesaid observations, CRR 521 of 2021 is disposed of.

Pending application, if any, is consequently disposed of. Interim order, if any, is hereby vacated.

All 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 of all requisite formalities.

(Tirthankar Ghosh, J.)