Subodh Chandra Mandal v. State Of West Bengal & ANR

Sr.09 12-08-2021 Subha.

Court no. 34

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE ( Via Video Conference ) CRR 2846 of 2011 In the matter of : Subodh Chandra Mandal ........Petitioner. In Re : An application under Section 401 read with Section 482 of the Code of Criminal Procedure.

The revisional application has been preferred against the order passed by the learned Sessions Judge, 3rd Court, Bankura in Criminal Revision No. 33 of 2010 wherein the learned Sessions Court was pleased to affirm the order dated 21.10.2010 passed by the learned Judicial Magistrate, 5th Court, Bankura in Misc. Case No. 128 of 2009/31 of 2009 under Section 125 of the Code of Criminal Procedure. The order dated 21.10.2010 reveals that the learned Magistrate was considering the issue of interim maintenance. The learned Magistrate on an appreciation of the oral circumstances appearing before him arrived at a finding of awarding Rs.,4000/- per month to the wife and Rs.3000/- per month to the minor daughter aggregating to a sum of Rs.7000/- per month to be paid as interim maintenance.

Having regard to the fact that the amount which was awarded was by way of an interim measure during the pendency of the final adjudication of the proceedings under Section 125 of the Code of Criminal Procedure and the learned Sessions Court having considered the reasons so assigned, I am of the view of that no question of law has been raised for interference in the revisional jurisdiction for the second time. As such, the present revisional application being CRR 2846 of 2011 is dismissed.

All pending applications, if any, are consequently disposed of.

Interim order, if any, is hereby vacated.

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