Sanjib Dey v. Gopa Dey

C.R.R. No.500 of 2013 D/L.36 July 16, Bpg.

In Re : An application under Section 397 read with Section 401 and 482 of the Code of Criminal Procedure, 1973;

In the matter of : Sanjib Dey ...petitioner. The present revisional application has been preferred against the order dated 17.12.2012 passed by the learned Additional Sessions Judge, Fast Track Court No.-II, Barasat, North -24 Parganas in Criminal Revision No.128 of 2012. The genesis of the order relates to Misc. Execution Case No.104 of 2010 which was appearing before the learned Chief Judicial Magistrate, Barasat.

The order-sheets reflect that there was a direction on 3.10.2013 upon the petitioner to deposit a sum of Rs.25,000/- and the said amount is in addition to the current maintenance being directed by the Court. Since then more than seven years have passed and this Court has not been apprised regarding the compliance.

Having regard to the quantum of arrears as well as meagre sum of money as maintenance, I am not inclined to interfere with the order so passed.

Accordingly, CRR 500 of 2013 is dismissed.

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

The wife/opposite party no.1 will be at liberty to take out an appropriate application before the learned Chief Judicial

Magistrate for recovery of arrears.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)