Rafikul Islam Midya v. State Of West Bengal & ANR

C.R.R. No.1470 of 2013 (Via Video Conference) D/L52.

July 29, Bpg.

In Re: An application under Section 482 of the Code of Criminal Procedure, 1973.

In the matter of : Rafikul Islam Midya. ...petitioner. Mr. Soumik Ganguli, Mr. S. Nandy.

...for the petitioner.

The present revisional application was preferred challenging the order dated 06.04.2013 passed by the learned Judicial Magistrate, 2nd Court, Durgapur, Burdwan, in Misc. Case No.65 of 2012 wherein an application under Section 125 of the Code of Criminal Procedure, the learned Magistrate was pleased to award Rs.2,000/- per month to the wife as interim maintenance. The quantum of award so made by order dated 06.04.2013 was an interim measure during the pendency of final disposal of the application under Section 125 of the Code of Criminal Procedure. Learned advocate appearing for the petitioner submits that although the revisional application was fixed on 18th July, 2013 and to be heard pursuant to service being effected, but for reasons beyond control, an accommodation was sought for and, as such, the revisional application could not be finally disposed of. Having regard to the submissions so made by the learned advocate for the petitioner, I direct that in case the proceedings under Section 125 of Criminal Procedure of Code is pending till

date, the learned Magistrate would dispose of the same as expeditiously as possible. In the alternative, if the proceedings have been disposed of by the learned Magistrate, the learned Magistrate is requested to ignore this order.

With the aforesaid direction, CRR 1470 of 2013 is disposed of.

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

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