Ram Krishna Sen v. Tulu Sen And Another

23.04.2024

IN THE HIGH COURT AT CALCUTTA

Item No.15 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 4281 of 2023 In the matter of : Ram Krishna Sen ... Petitioner.

Mr. Somnath Mukherjee ... For the Petitioner.

Mr. Abhijit Ganguly, Mr. C. S. Banerjee, Mr. S. Dutta ... For the Opposite Party No.1.

The present revisional application has been preferred challenging the order dated 03.03.2021 passed by learned Additional Sessions Judge, 1st Court, Sealdah in Criminal Revision No. 19 of 2020. The said revisional application was filed challenging the order passed by learned Judicial Magistrate, 5th Court, Sealdah in Misc. Case No. 147 of 2016. The learned Judicial Magistrate was pleased to award interim maintenance of Rs.5000/- per month to be paid to the opposite party no.1 from the date of the order and the order which was challenged by the present petitioner was dismissed by the revisional court.

Having regard to the circumstances under which both the courts have come to a finding that interim maintenance should be awarded and no further question of law is involved, I am of the view that no interference is called for in respect of the order passed by a revisional court in Criminal Revision No. 19 of 2020 (vide order dated 03.03.2021). Accordingly, the revisional application being CRR 4281 of 2023 is dismissed.

However, so far as the issues which were advanced in the written objection, the proof of the same may be allowed to be adduced to the present petitioner in course of trial of the case.

Pending connected application, if any, is consequently disposed of.

All concerned parties shall act on the server copy of this order duly downloaded from the official website of this Court.

Urgent photostat certified copy of this order, if applied for, be supplied to the parties upon compliance with all requisite formalities.

(Tirthankar Ghosh, J.)