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Calcutta High CourtCRR/2996/2011dismissed

Joydev Dewasi v. State Of West Bengal & ANR

2021-07-29Hon'Ble Justice Tirthankar Ghosh2 pages

29.07.2021 Item no.9 Ct. No.34 CHC C.R.R. No.2996 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.50 of 2010, which arose out of Misc. Ex. Case No.138 of 2008 under Section 125(3) of the Code of Criminal Procedure so passed by the learned Judicial Magistrate, Dubrajpur, Birbhum on 07.04.2010.

Records reflect that the Execution Case was filed for recovery of arrears to the tune of Rs.3,900/-, which included a sum of Rs. 2,100/- to be paid to the wife and Rs.1800/- to the minor daughter.

Having regard to the meagre amount which was due and the points which have been canvassed in this revisional application, I am of the opinion that the same is not tenable and as such, no interference is called for.

Accordingly, C.R.R.2996 of 2011 is dismissed. Pending application, if any, is consequently disposed of.

Interim order, if any, is hereby vacated.

Wife/opposite party no.2 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.)