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Calcutta High CourtCRR/2075/2021disposed

Samimuddin Mistri @ Samimuddin Mistry v. Alema Mistri

2021-10-07Hon'Ble Justice Kausik Chanda2 pages

7.10.2021 Ct.35 AKG CRR 2075 of 2021 (Through Video Conference) In Re: - An application under Section 482 of the Code of Criminal Procedure, 1973.

And In the matter of: Samimuddin Mistri alias Samimuddin Mistry .... Petitioner Mr. Shataroop Purkayastha, Mr. Hamidur Rahaman ...For the Petitioner It appears that the Criminal Motion No. 130 of 2020 which has been filed challenging an order dated July 5, 2019, passed by the learned Magistrate in a proceeding under Section 125 of the Code of Criminal Procedure, 1973, is still pending.

The learned Additional Sessions Judge modified the order of the learned Magistrate by reducing the maintenance amount from Rs. 9,000/- to Rs. 8,000/- per month.

Since the impugned order passed in the said revisional application is an interim in nature, I am not inclined to interfere with the said order at this stage.

However, I dispose of this application by giving a direction upon the learned Additional Sessions Judge, 7th Fast Track Court, Alipore, South 24 Parganas, to make an endeavour to dispose of the Criminal Motion 130 of 2020, within a period of 4 months from date without granting any unnecessary adjournments to the either of the parties. Since the opposite party will not be prejudiced by this order, this application is disposed of without serving any notice to him. Accordingly, CRR 2075 of 2021 is disposed of. (Kausik Chanda, J.)