Biman Mukherjee & ORS. v. Mahadeb Mukherjee & ANR.

Sr. 43 15-07-2021 Subha.

Court no. 34

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE ( Via Video Conference ) CRR 1240 of 2012 In Re : Biman Mukherjee ........Petitioner.

In the matter of : An application under Section 482 of the Code of Criminal Procedure.

The present revisional application has been preferred against the award of interim maintenance passed in connection with M. R. Case No. 71 of 2011 by the learned Judicial Magistrate, Nabadwip, Nadia under Section 125 of the Code of Criminal Procedure.

The present subject-matter of maintenance involves a father who being unable to maintain himself preferred an application under Section 125 of the Code of Criminal Procedure against the son. The learned Magistrate on an appreciation of the materials placed before him was pleased to award Rs.8000/- by way of interim maintenance to the father. Having regard to the reasons so assigned by the learned Magistrate, I am of the view that as the award was by way of an interim measure during the pendency of the main

proceeding under Section 125 of the Code of Criminal Procedure, no interference is called for by this court. Accordingly, the present revisional application being CRR 1240 of 2012 is dismissed.

All pending applications, if any, are consequently disposed of.

Interim order, if any, is hereby vacated.

The opposite party/wife will be at liberty to recover the arrears by taking out an appropriate application before the learned Magistrate.

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