Tarun Das v. State Of West Bengal & ANR

06.07.2022

IN THE HIGH COURT AT CALCUTTA

Item No.63 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 1887 of 2010 Tarun Das versus The State of West Bengal & Anr.

In Re: An Application under Sections 401/482 of the Code of Criminal Procedure.

Mr. Subhas Jana ... For the Petitioner.

The subject matter of the present revisional application relates to an order passed by learned Additional Sessions Judge, Fast Track, 3rd Court, Tamluk, Purba Medinipur wherein in Criminal Revision No. 3 of 2010, the learned Sessions Judge while exercising his revisional jurisdiction was pleased to affirm the order dated 18.08.2009 passed by learned Chief Judicial Magistrate, Tamluk, Purba Medinipur in connection with Misc. Case No. 118 of 2008. The subject matter of the case related to maintenance awarded under Section 125 of the Code of Criminal Procedure. The learned Magistrate on appreciation of the materials appearing, directed to pay interim maintenance @ Rs.800/- per month for the wife/opposite party no.2 herein and Rs.400/- per month each for two minor daughters.

As the subject matter relates to interim maintenance, which is of the year 2009, I am of the opinion that the quantum, so awarded, calls for no interference. If the regular proceeding under Section 125 of the Code of Criminal Procedure is pending before the learned Chief Judicial

Magistrate, Tamluk, Purba Medinipur, in that case, the petitioner would be at liberty to canvass the points agitated in the present revisional application.

With the aforesaid observations, the revisional application being CRR 1887 of 2010 is disposed of. All pending connected applications, if any, are consequently disposed of.

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

(Tirthankar Ghosh, J.)