Uttom Roy v. Rimpa Karjee

08.09.2022

IN THE HIGH COURT AT CALCUTTA

Item No.39 CIRCUIT BENCH AT JALPAIGURI Ct.No.2 CRIMINAL REVISIONAL JURISDICTION dc.

C.R.R. 159 of 2022 Uttom Roy versus Rimpa Karjee In Re: An Application under Sections 397/401 of the Code of Criminal Procedure, 1973.

Mr. Aditi Shankar Chakraborty, Mr. Ujjwal Luksom ... For the State.

This revisional application was affirmed and filed in the month of July 2022. The subject-matter of this revisional application relates to an interim maintenance being granted in respect of Misc. Case No. 98 of 2019.

The petitioner, being aggrieved, approached the learned Sessions Judge, Cooch Behar in Criminal Revision No. 2 of 2022. The learned Sessions Judge was pleased to admit the revisional application, but refused to grant any interim order in respect of the interim maintenance of Rs.5,000/- per month awarded to the applicant/opposite party-Wife by the learned Chief Judicial Magistrate, Cooch Behar. Having regard to the fact that the subject-matter of this revisional application relates to an order of interim maintenance, I do not find any illegality in the order dated 24.01.2022 passed by the learned Sessions Judge, Cooch Behar in Criminal Revision No. 2 of 2022 as also the order dated 06.03.2021 passed by the learned Chief Judicial

Magistrate, Cooch Behar in Misc. Case No. 98 of 2019. Thus, no interference is called for.

The petitioner would be at liberty to take up the issues at the time of trial.

Accordingly, the revisional application being CRR 159 of 2022 is dismissed.

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

All 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.)