Sanjoy Kumar Shee v. Rinku Shee & ANR

14.07.2021 Item no.30 Ct. No.34 CHC C.R.R. No.789 of 2012 (Via Video Conference) In Re: An application under Sections 401 and 482 of the Code of Criminal Procedure.

AND In the matter of:- Sanjoy Kumar Shee ... petitioner The present revisional application has been preferred in connection with Misc.Execution Case No.78 of 2011 under Section 125(3) of the Code of Criminal Procedure, which was filed before learned Judicial Magistrate, 3rd Court, Tamluk. The order dated 29.07.2011 reflects that the said application was filed for arrear maintenance of Rs.2850/- for a period from 28.04.2011 to 27.07.2011.

By an order dated 17.04.2012, there was a direction upon the petitioner to deposit a sum of Rs.1750/- by a coordinate Bench of this Court. Records do not reflect that the petitioner has submitted any compliance at least before this Court. Having regard to the fact that the arrear of maintenance is a meagre amount and no question has been raised regarding the main proceedings under Section 125 of the Code of Criminal Procedure, I am of the view that no interference is called for. Accordingly, C.R.R.789 of 2012 is dismissed.

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

The opposite party/wife is directed to take out an appropriate application for recovery of arrears before the learned Judicial Magistrate, 3rd Court, Tamluk.

All parties shall act in terms of copy of this order downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)