Akhtar Hossain Mondal v. Sahanara Bibi

14.

24.10.2025 Court No. 550 (Tanmoy) In Re: An application under Sections 397/401 read with Section 482 of the Code of Criminal Procedure, 1973 in connection with Miscellaneous Case no. 06/2013, under Section 127 of the Code of Criminal Procedure, 1973. CRR/3884/2015 In the matter of: AKHTAR HOSSAIN MONDAL VS SAHANARA BIBI 1.

In spite of issuance of administrative notice upon the petitioner, the petitioner does not appear before this Court.

2.

It appears from the records that the instant criminal revisional application has been filed by the petitioner challenging the order dated August 26, 2015, passed by the learned Additional Chief Judicial Magistrate (ACJM), Ranaghat, Nadia, in connection with Miscellaneous Case No. 06 of 2013, under Section 127 of the Criminal Procedure Code, 1973, thereby enhancing the cumulative maintenance from ₹2,000/- (Rupees Two Thousand) per month to ₹3,500/- (Rupees Three Thousand and Five Hundred) per month to be paid by the present petitioner to the opposite party/wife from the date of filing of the application i.e. 08.01.2013. 3.

I have gone through the relevant order dated August 26, 2015. It appears from the certified copy of the order that the learned ACJM, Ranaghat, Nadia, had considered the

evidence adduced by both sides wherein the leaned ACJM had come to his findings that the husband had also admitted that the price of all essential and other commodities have increased a lot. It was also admitted by the husband, the petitioner herein, that he has been getting increments in his service and as per his own admission and also as per the original certificate of salary issued by Sub-Inspector of Schools, Ranaghat Circle, Nadia, for the month of July, 2015, it revealed that his net salary of the husband was ₹15,970/- and it was also found from the photocopy of the Bank passbook of the husband, the petitioner herein, that in the month of July, 2015, a sum of ₹16,970/- had been credited to his Bank account.

Therefore, after considering the price index and the enhancement of the salary of the petitioner being the husband of the opposite party herein, the petition under Section 127 of the Criminal Procedure Code, 1973 was allowed on contest by the learned ACJM, Ranaghat, Nadia and by the said order, the petitioner/husband had been directed to pay a sum of ₹3,500/- per month to the opposite party/wife from the date of filing of the case under Section 127 of the Criminal Procedure Code, 1973, i.e. from January 8, 2013.

4.

I find no irregularity or illegality in the impugned order and as such, I do not find any merit in this criminal revisional application.

5.

Accordingly, the instant criminal revisional application stands dismissed. However, there will be no order as to costs.

6.

Criminal Section is directed to make available urgent photostat certified copy of this order, if applied for, to the parties upon compliance with all requisite formalities. (Apurba Sinha Ray, J.)