Bindu Rani Roy v. State Of West Bengal & ANR

14.07.2021 Item no.27 Ct. No.34 CHC C.R.R. No.703 of 2012 (Via Video Conference) In Re: An application under Sections 397, 483 read with Section 482 of the Code of Criminal Procedure, 1973.

AND In the matter of:- Bindu Rani Roy ... petitioner The present revisional application has been preferred against the order dated 07.02.2012.

Records reflect that the said order is in respect of Misc.Case No.06 of 2012, which was filed under Section 410 of the Code of Criminal Procedure. So far as the said section is concerned, the same is for transfer of Court.

The order dated 07.02.2012 reflects that an order of interim maintenance was passed by the learned Judicial Magistrate, 3rd Court, Hooghly, and for which an execution case was required to be filed. However, the present petitioner did not file any execution case before the learned Judicial Magistrate, 3rd Court, Hooghly and on consideration of the same learned Chief Judicial Magistrate, Hooghly, was pleased to direct only to effect service of notice and fixed a subsequent date for further orders. At the relevant point of time when the revisional application was

preferred, the petitioner was 80 years old as stated in the application.

None represented the petitioner on two occasions when the revisional application appeared before this Court. Having regard to the same, the learned Chief Judicial Magistrate, Hooghly, is directed to consider the plea of the petitioner under Section 23 of the Protection of Women from Domestic Violence Act, 2005 and the order passed therein, whether same has been complied or not.

The revisional application is disposed of with the aforesaid direction.

Pending application, if any, is hereby disposed of. All parties shall act in terms of copy of this order downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)