Narayan Chandra Jana v. Smt Radharani Jana

C.R.R. No.2476 of 2012 D/L.16 July 13, Bpg.

In Re : An application under Section 401/ 482 of the Code of Criminal Procedure, 1973;

In the matter of : Narayan Chandra Jana. ...petitioner. The subject-matter of the revisional application relates to the grievance of the petitioner that the learned Additional Sessions Judge while exercising its revisional jurisdiction modified the order passed by the learned Judicial Magistrate, Third Court, Tamluk, Purba Medinipur in Miscellaneous Case No.242 of 2003 under Section 125 of the Code of Criminal Procedure. Record reflects that the learned Magistrate was pleased to award maintenance of Rs.1200/- per month from the date of the order, i.e., 24.12.2009. Learned Additional Sessions Judge in the revisional jurisdiction directed to pay maintenance from the date of the application, i.e., on and from 04.07.2003. Having regard to the fact that no special reasons were given by the learned Magistrate for directing the husband to pay maintenance from the date of the order, I am of the view that there is no illegality in the order passed by the revisional court in Criminal Revision No.8 of 2010 so passed by the learned Additional Sessions Judge, Second Court, Tamluk.

Accordingly, CRR 2476 of 2012 is dismissed.

Pending applications, if any, are hereby 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.)