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Calcutta High CourtCRR/575/2021dismissed

Subhas Gomes @ Subhash Gomez @ Raju @ Subhash Games v. Priyanka Gomez

2023-01-04Hon'Ble Justice Tirthankar Ghosh2 pages

C.R.R.575 of 2021 With CRAN 1 of 2021 D/L14 04.01.2023 Bpg.

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

Subhas Gomes @ Subhash Gomez @ Raju @ Subhash Games

Versus

Priyanka Gomez The subject-matter of the case relates to Misc. Executive No.-337(iv) of 2019 which was pending before the learned Judicial Magistrate, 2nd Court, Ranaghat. The said case arose out of the order dated 11.10.2018 in Misc. Case No.35 of 2015. Records reflect that the execution case was filed for arear maintenance of Rs.1,82,000/- and there was a direction by the learned Magistrate for monthly maintenance of Rs.8,000/- to the wife and Rs.5,000/- to the minor child, aggregating to a sum of Rs.13,000/- per month.

Having regard to the subject-matter and purpose for which the provisions have been incorporated in the Code of Criminal Procedure and the petitioner not having taken any steps pursuant to the order dated 06.04.2022 passed by this Court, I am of the opinion that the learned Judicial Magistrate should proceed with the execution case for considering the prayer advanced by the opposite party. No interference is called for in the present revisional application.

Accordingly, CRR 575 of 2021 along with connected

application are dismissed.

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.)