Soumendra Nath Bera v. State Of West Bengal

16.07.2021 Item no.33 Ct. No.34 CHC C.R.R. No.4155 of 2012 (Via Video Conference) In Re: An application under Sections 401 read with Section 482 of the Code of Criminal Procedure, 1973.

AND In the matter of:- Soumendra Nath Bera ... petitioner The present revisional application has been preferred against the order dated 05.12.2012, passed by the learned Judicial Magistrate, 5th Court, Howrah, in Misc.Case No.158 of 2012, wherein the learned Magistrate was pleased to award interim maintenance of Rs.1500/- per month till the disposal of the case. I find that one of the contentions advanced by the petitioner is regarding the subject-matter of challenge regarding marriage and to that effect a civil suit has been preferred. Records reflect that by an order dated 20.12.2012, by way of an interim measure, a coordinate Bench of this Court was pleased to award Rs.750/- per month till further orders. Today when the matter has been taken up none apprised this Court regarding outcome of the civil proceedings. As such, taking into account the reasons so assigned by the learned Magistrate

while awarding interim maintenance do not appeal to this Court for interference.

Accordingly, C.R.R.4155 of 2012 is dismissed. Pending application, if any, is consequently disposed of. Interim order, if any, is hereby vacated.

Opposite party/wife will be at liberty to take out an appropriate application before the learned Judicial Magistrate for recovery of her arrears.

All parties shall act in terms of copy of this order downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)