Tapan Das @ Tapan Kumar Das v. Bandana Das And Another

02.01.2024

IN THE HIGH COURT AT CALCUTTA

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

C.R.R. 4922 of 2023 with CRAN 1 of 2023 In the matter of : Tapan Das @ Tapan Kumar Das ... Petitioner.

Mr. Amal Krishna Samanta, Mr. Arun Kumar Das ... For the Petitioner.

Re: CRAN 1 of 2023 (an application for Restoration) Learned advocate appearing for the petitioner prays for condonation of delay of 52 days in preferring this revisional application.

The reasons so assigned in the application for condonation of delay are found to be just and sufficient. Accordingly, delay is condoned. The application being CRAN 1 of 2023 is, thus, allowed.

Re: CRR 4922 of 2023 The revisional application is taken up for consideration.

The petitioner is aggrieved by the order of interim maintenance awarded by learned Judicial Magistrate, 1st Court, Contai, Purba Medinipur. I find from the order under challenge i.e. 27.04.2023, the learned Magistrate was pleased to award interim maintenance of Rs.2000/- per month to the wife and Rs.1500/- per month to the minor daughter. Having regard to the meagre amount so awarded by way of interim maintenance, I am not inclined to interfere with the quantum

of interim maintenance so awarded. However, the learned Magistrate will take efforts as the case was initiated in the year 2021 to conclude the proceedings under Section 125 of the Code of Criminal Procedure by 31.08.2024. The learned Magistrate will be at liberty to arrive at its independent finding after evidence is adduced by both the parties. Needless to state that this Court has not entered into the merits of the case and the learned trial court will independently arrive at its finding.

With the aforesaid observations, the revisional application being CRR 4922 of 2023 is disposed of. Pending other 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.)