Subir Kumar Roy v. Sibani Roy

C.R.R.2675 of 2009 D/L69 July 20, Bpg.

In Re: An application under Section 401 of the Code of Criminal Procedure;

Subir Kumar Roy

Versus

Sibani Roy Mr. Debabrata Roy, Ms. Karabi Roy, Mr. Soumik Mondal.

...for the petitioner.

Ms. Karabi Roy, learned advocate, appears for the petitioner and draws the attention of the Court to the order dated 23.07.2009. The order dated 23.07.2009 reflects that a co-ordinate Bench of this Court was pleased to direct the petitioner to continue payment of Rs.1800/- per month to the opposite party, who happens to be the mother of the present petitioner. Records reflect that the present petitioner is/was an employee of Durgapur Steel Plant.

Having regard to the quantum of Rs.1800/- per month granted by the co-ordinate Bench by its order dated 23.07.2009, I am of the opinion that the said order should be made absolute. Accordingly, the petitioner would pay a sum of Rs.1800/- per month to the opposite party/mother if the same has not been enhanced in the meantime by the learned Magistrate. With the aforesaid observations, CRR 2675 of 2009 is disposed of.

Learned Judicial Magistrate would ensure that the

amount is paid regularly to the opposite party/mother. Arrears, if any, should be recovered by a suo moto execution case initiated by the learned Judicial Magistrate.

Department is directed to communicate this order to the learned Judicial Magistrate, 2nd Court, Durgapur for taking appropriate steps.

Pending connected application, if any, is consequently disposed of.

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