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Calcutta High CourtCRR/3185/2012dismissed

Tapan Kumar Biswas @ Tapan Biswas v. State Of West Bengal & ANR

2021-09-24Hon'Ble Justice Tirthankar Ghosh2 pages

24.09.2021 Ct No. 34 SL. No. 12 Somnath (PA)

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE (Through Video Conference) CRR 3185 of 2012 In the matter of : Sri Tapan Kumar Biswas @ Tapan Biswas .....petitioner. In Re: An application under Section 397 read with Section 401 of the Code of Criminal Procedure.

The revisional application was preferred against the order dated 11.06.2012 passed by the Learned Judicial Magistrate, 2nd Court, Barrackpur in Miscellaneous case no. M 838 of 2010 under Section 125 of the Code of Criminal Procedure. The order dated 11.06.2012 reflect that the Learned Magistrate, on an appreciation of the preliminary materials placed before him, was pleased to award interim maintenance for Rs. 1,500/- to the wife and Rs. 1,000/- to the minor son aggregating to a sum of Rs. 2,500/- per month.

Having regarding to the quantum which was awarded as maintenance as an interim measure during the pendency of the proceeding under Section 125 of the Code of Criminal

Procedure, I am of the view that for such meagre amount, no interference is called for.

Accordingly, CRR 3185 of 2012 is dismissed.

Pending application, if any, is consequently disposed of.

Interim order, if any, is hereby vacated. The wife/opposite party is at liberty to recover the arrear by taking out appropriate application before the Learned Magistrate.

All parties shall act on the server copy of this order duly downloaded from the official website of this Court. (Tirthankar Ghosh, J.)