Jagannath Halder v. State Of West Bengal & ANR

C.R.R. No.2920 of 2012 D/L.22 July 16, Bpg.

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

In the matter of : Sri Jagannath Halder. ...petitioner. The present revisional application has been preferred against the order dated 30.062012 passed by the learned Additional Sessions Judge, Fast Track Court No.-III, Diamond Harbour, South24 Parganas in Criminal Motion No.24 of 2010 wherein the learned Sessions Judge was pleased to affirm the order dated 03.09.2010 passed by the learned Judicial Magistrate, First Court, Diamond Harbour in Case No.M-94 of 2009 under Section 125 of the Code of Criminal Procedure.

Records reflect that the learned Magistrate was pleased to award maintenance of Rs.1,000/- per month to the wife and Rs.700/- per month to the minor daughter to be paid from the date of the order.

The learned Sessions Court while exercising its revisional jurisdiction was pleased to re-appreciate the merits of the matter and thereafter reject the criminal revision.

Having regard to the reasons so assigned by the learned courts below as also the quantum of maintenance so awarded, I am of the view that the same cannot be interfered with, keeping in view the expenditure involved for an individual to survive. Accordingly, CRR 2920 of 2012 is dismissed.

Pending application, if any, is consequently 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.)