Shyamal Ganguly v. State Of West Bengal & ANR

Sr. 19 28-07-2021 Subha.

Court no. 34

IN THE HIGH COURT AT CALCUTTA

CRIMINAL REVISIONAL JURISDICTION APPELLATE SIDE ( Via Video Conference ) CRR 3728 of 2012 In Re : Sri Shyamal Ganguly ........Petitioner.

In the matter of : An application under Section 482 of the Code of Criminal Procedure.

This revisional application has been preferred against the judgement and order dated 5th July, 2012 passed in Criminal Revision No. 11 of 2012 by the learned Additional Sessions Judge, Fast Track Court no. 3, Barrackpore, North 24 Parganas.

The said revisional application was preferred against the order passed by the learned Additional Chief Judicial Magistrate, Barrackpore in M. Case No. 407 of 2010. Records reveal that the learned Magistrate was pleased to award Rs.3000/- as interim maintenance per month to the wife till the disposal of the case. The revisional court did not interfere with the quantum of maintenance so awarded but directed the husband to pay from the date of the order and not from the date of the application.

Having regard to the fact that the award of maintenance so granted by the learned Magistrate and affirmed by the learned Sessions Court was by way of an interim measure during the pendency of the final disposal of the proceedings under Section 125 of the Code of Criminal Procedure, I am of the view that no interference is called for by this court.

Accordingly, the present revisional application being CRR 3728 of 2012 is dismissed.

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

Interim order, if any, is hereby vacated.

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