Sk. Asik Iqbal Hossain Miya v. Sabana Bibi And ANR.

12.09.2023 Serial no. 57 [G.S.D] CRR 4481 of 2022 In the matter of : Sk. Asik Iqbal Hossain Miya ... ... Petitioner Mr. Sk. Rejaul Alam ... for the petitioner Learned Advocate for the petitioner submits that the petitioner is aggrieved by the fact that the Learned Magistrate without taking into account the earning of the petitioner, who is a job card holder associated with the UBI, has imposed maintenance of Rs.20,000/- per month (Rs. 15,000/- for the wife and Rs.5,000/- for the child). Learned Advocate for the petitioner is directed to produce the documents or, in the alternative, the Learned Magistrate would direct the UBI Authority to produce the documents relating to last 12 months payment, which has been received by petitioner from the UBI towards the service rendered by him.

The Learned Magistrate, if any evidence surfaces, will reconsider the amount, if any application under Section 127 of the Cr.P.C. is filed at the instance of the petitioner.

The Learned Magistrate will dispose of the same within a period of three months from the date of filing of such application.

With the above observations, CRR 4481 of 2022 is disposed of.

Pending application, if any, is also disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court at Calcutta.

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

(Tirthankar Ghosh, J.)