Abhijit Sutradhar v. Sukla Das Sutradhar @ Rimi & ANR

22-04-2022 Subha Item no.37 Ct no.34

IN THE HIGH COURT AT CALCUTTA

Criminal Revisional Jurisdiction C.R.R 2856 of 2018 In the matter of : Abhijit Sutradhar .....petitioner. In Re : An application under 482 of the Code of Criminal Procedure. The revisional application has been preferred challenging the judgement and order dated 19th July, 2018 passed by the learned Additional District and Sessions Judge, Kandi, Murshidabad in Criminal Revision No. 21 of 2017.

The grievance of the petitioner was with regard to the order dated 17th February, 2017 passed by the learned A. C. J. M., Kandi in connection with a proceedings under Section 125 Cr.P.C, wherein the learned Magistrate was pleased to award Rs.5000/- per month as maintenance.

The learned Sessions Court on an appreciation of the materials placed was of the opinion that the reasons so assigned by the learned Magistrate were in consonance with the provisions of law. The learned court in order to arrive its findings relied upon the earning capacity of the present petitioner and the admitted fact that the opposite party happens to be the legally married wife. Having regard to the reasons so assigned by the learned Sessions Court, I am of the opinion that no interference is called for by this Court.

With the aforesaid observations, the present revisional application being CRR 2856 of 2018 is dismissed. All pending applications, if any, in connection with the revisional application, are consequently disposed of. Interim order, if any, is hereby vacated.

All concerned parties are to act in terms of a copy of this order duly downloaded from the official website of this court. [Tirthankar Ghosh, J]