Raj Kumar Sharma v. State Of West Bengal And ANR

Form J(2) IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction Appellate Side Present :

The Hon'ble Justice Bibek Chaudhuri C.R.R. 2038 of 2022 Raj Kumar Sharma Vs.

The State of West Bengal & Anr.

For the petitioner : Mr. Partha Sarathi Das Mr. Kaushik Biswas For the State :

Heard on : 14.07.2022 Judgment On : 14.07.2022.

Bibek Chaudhuri, J.

Liberty is given to the petitioner to amend the cause title correcting the name of the opposite party no.2. Execution Case No. 62 of 2019 pending before the learned Judicial Magistrate, 3rd Court, Malda was filed on 17th July, 2019 for realisation of a sum of Rs. 15,000/-. Till date the husband of the opposite party no.2 has not paid the said amount. Therefore, vide order dated 18th April, 2022 the executing court issued warrant of

arrest against the husband/petitioner. The said order is under challenge in the instant revision.

The petitioner successfully managed to survive without paying any penny to the opposite party no.2 for her sustenance. Therefore, the instant revision is disposed of directing the petitioner to deposit a sum of Rs. 15,000/- for which Execution Case No. 62 M of 2019 was filed within three weeks from the date of this order. The execution of warrant of arrest will be stayed for a period of three weeks. If the petitioner fails to pay such amount within the specified period, warrant of arrest will automatically be revived and the police authority is at liberty to execute warrant of arrest against the petitioner.

With the above direction, the instant revision is disposed of. The petitioner is at liberty to act upon the server copy of the order.

(Bibek Chaudhuri, J.)