Jamuna Purkait v. Dulal Purkait

Sr. 42 15-07-2021 Subha.

Court no. 34

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE ( Via Video Conference ) CRR 1239 of 2012 with CRAN1/12(Old No.1098/12) In Re : Jamuna Purkait ........Petitioner.

In the matter of : An application under Section 401 read with Section 482 of the Code of Criminal Procedure. The present revisional application has been preferred in respect of the order 10th February, 2011 passed by the learned Judicial Magistrate, First Class, Kakdwip, South 24 Paraganas thereby awarding Rs.700/- per month as maintenance to the opposite party/wife.

Having regard to the reasons so assigned by the learned Magistrate for arriving at its conclusion of awarding maintenance, I find that the same is substantiated by facts and as such do not call for any interference by this court. Further, I find that the revisional application was preferred after more than 315 days of the statutory period fixed for preferring the revisional application. Till date, the

application for condonation of delay under Section 5 of the Limitation Act is pending.

Having regard to the quantum of maintenance and the delay which has been caused in respect of preferring the revisional application, I am of the view that no ground has been made out for condonation of delay.

Accordingly, the application being CRAN 1098 of 2012 is dismissed.

Consequently, the main revisional application being CRR 1239 of 2012 is also dismissed.

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