Joydev Dewasi v. State Of West Bengal & ANR

29.07.2021 Item no.8 Ct. No.34 CHC C.R.R. No.2995 of 2011 (Via Video Conference) In Re: An application under Sections 482 and 401 of the Code of Criminal Procedure, 1973.

AND In the matter of:- Joydev Dewasi ... petitioner The present revisional application has been preferred against the order dated 05.07.2011, passed by the learned Additional Sessions Judge, 1st Court, Suri, Birbhum, in Criminal Motion No.51 of 2010, which arose out of Misc. Ex. Case No.60/03 under Section 125(3) of the Code of Criminal Procedure, passed by the learned Judicial Magistrate 1st Class, Dubrajpur. The subject-matter of the case relates to arrear being claimed of Rs.15,600/-.

At the time of admission of this revisional application, a coordinate Bench of this Court dated 08.12.2011 was pleased to direct the petitioner to deposit a sum of Rs. 7,000/- with the learned Executing Court within two weeks from the said date and directed that in case such amount is deposited there should be stay of the Misc. Ex. Case No.60/03.

Having regard to the fact that this Court has not been apprised regarding the subsequent development of this case and the issues which have been raised in the present revisional

application were already agitated before learned Sessions Court, I am of the view that no interference is called for. Accordingly, C.R.R.2995 of 2011 is dismissed. Pending application, if any, is consequently disposed of. Interim order, if any, is hereby vacated.

Wife/opposite party no.2 in the present revisional application will be entitled to recover the arrears by taking out appropriate application before the learned Judicial Magistrate. All parties shall act in terms of copy of this order downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)