Calcutta High CourtCRR/1684/2011dismissed

Md. Nur Islam v. Mahamuda Khatun & ANR

2021-12-21Hon'Ble Justice Bibhas Ranjan De2 pages

19.

21-12-2021 (ct. no.29) debajyoti CRR 1684 of 2011 In re: An application under Sections 401 and 482 of the Code of Criminal Procedure.

- A n d - In the matter of : Md. Nur Islam .... Petitioner.

Mr. Binoy Kumar Panda, Mr. Pravas Bhattacharya ... For the State.

Mr. Binoy Kumar Panda, learned advocate, and Mr. Pravas Bhattacharya, learned advocate, who usually appear on behalf of the State, are present in Court. They are requested to appear on behalf of the State in this matter. Their appointment may be regularized by the concerned authority.

Learned lawyer on behalf of the State appears and submits that in 2011 lastly, the petitioner entered appearance and prays for accommodation. But since then, no steps were ever taken.

None appears on behalf of the petitioner even today. In this revisional application, judgment and order dated 1502-2011 passed by the learned Judicial Magistrate, 1st Court, Malda, in connection with Maintenance Case No.495M/05 under Section 125 of the Code of Criminal Procedure, has been challenged.

After careful perusal of the judgment, I find that the learned Magistrate, after taking into account the evidence on record including the ability of the opposite party, came to his final opinion by directing the opposite party husband (petitioner herein) to pay monthly maintenance allowance @ Rs.1000/- to the wife and Rs.500/- for the daughter.

I do not find any illegality or irregularity in the judgment without which I cannot interfere therewith in exercising revisional jurisdiction. Thus, the instant revisional application is considered and dismissed. Let a copy of this order be communicated to learned Judicial Magistrate, 1st Court, Malda, through the learned Registrar, Judicial Service, of this Court.

All parties shall act on the server copies of this order duly downloaded from the official website of this Court. Urgent photostat certified copies of this order, if applied for, be supplied to the parties on compliance of all necessary formalities.

( Bibhas Ranjan De, J. )