Raj Kumar Mondal v. State Of West Bengal & Nar

Sr. 29 16-07-2021 Subha.

Court no. 34

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE ( Via Video Conference ) CRR 3713 of 2012 In Re : Raj Kumar Mondal ........Petitioner.

In the matter of : An application under Article 227 of the Constitution of India.

The present revisional application has been preferred against the order dated 4th August, 2012 passed by the learned Additional District and Sessions Judge, Fast Track Court-II, Diamond Harbour, South 24 Parganas in Criminal Motion No. 52 of 2011.

The Sessions Court by the said order was pleased to affirm the order dated 12th January, 2011 passed by the Learned Judicial Magistrate, 1st Court, Diamond Harbour under Section 125 of the Code of Criminal Procedure. Records reflect that the quantum so awarded was Rs.1400/- per month to the wife and Rs.1000/- per month to the minor daughter.

Having regard to the quantum of maintenance so awarded by the learned Magistrate and so confirmed by the learned Sessions Court while exercising its revisional jurisdiction, I am of the view that as the same was passed after assessing the evidence adduced in the case, no interference can be made at this belated stage.

Accordingly, the present revisional application being CRR 3713 of 2012 is dismissed.

All pending applications, if any, are consequently disposed of.

Interim order, if any, is hereby vacated.

The opposite party/wife would be at liberty to take out an appropriate application for recovery of arrears before the learned Magistrate.

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