Saktipada Maiti v. State Of West Bengal & ORS

Sl. 02 17.3.2023 Court No.22 Sc CRR 3072 of 2015 -------- In the matter of: Saktipada Maiti ... Petitioner Mr. Tapan Dutta Gupta Mr. Bijoy Bag.

... For the Petitioner Mr. Binoy Panda Ms. Puspita Saha.

...For the State Mr. Balaram Patra Mr. Suvadip Bhattacharjee.

...For the Opposite Party Nos. 2 to 4.

Certified copy of the order dated 22.05.2018 passed by the learned Principal Judge, Family Court, Calcutta filed by the petitioner be kept on record.

Learned advocate appearing on behalf of the petitioner submits that the entire outstanding dues of maintenance has been received by the Opposite Party Nos. 2 to 4 as such the Execution proceeding being Miscellaneous Execution Case No. 14 of 2015 has been disposed of by the Learned Judge on full and final satisfaction. This is an application under Section 401 read with Section 482 of the of the Code of Criminal Procedure has been filed by the petitioner challenging an impugned order dated 04.08.2015 passed by the learned Principal Judge, Family Court, Calcutta in Miscellaneous Execution Case No. 14 of 2015 arising out of Misc. Case No. 81 of 2008, thereby D/W was issued against the petitioner for realization of the maintenance dues as claimed.

It appears from the order dated 22.05.2018 passed by the learned Principal Judge that the petitioner has paid entire amount of Rs. 84,000/- during pendency of this case. Therefore, aforesaid Execution case has been disposed of with full and final satisfaction. In view of above facts, the instant application became infructuous.

Accordingly, CRR 3072 of 2015 stands dismissed being infructuous.

Photostat certified copy of this order, if applied for, is to be given as expeditiously to the parties on compliance of all formalities (Ajay Kumar Gupta, J.)