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Calcutta High CourtCRR/3086/2005disposed

Basudeb Naskar v. Chabi Naskar

2023-05-08Hon'Ble Justice Siddhartha Roy Chowdhury1 pages

08.5.2023 SB Ct. No.236 CRR 3086 of 2005 In the matter of : Basudeb Naskar This revisional application challenges the ex parte order passed by learned Judicial Magistrate, 6th Court, Alipore in Criminal Misc. Case No. 228/1995 under Section 125 of Code of Criminal Procedure. By impugned order, learned Judicial Magistrate, was pleased to direct the opposite party no. 1 in the said proceeding to pay a sum of Rs. 500/- towards maintenance of his mother. On 14.11.2005 when this revisional application was admitted liberty was given to the petitioner to appear before the learned Trial Court within two months and pray before the learned Trial Court for setting aside the order passed ex parte against him and learned Trial Court would decide the petition on merit. There is no indication whether the said order has been complied with or not.

However, in view of the order dated 14.11.2005, the impugned order does not warrant any further interference. The revisional application is thus disposed of, however, without any order as to costs.

(Siddhartha Roy Chowdhury, J.)