Narayan Barman v. Kakoli Barman

12.06.2025 Item no. 50.

Court No.2.

Rakib In the High Court at Calcutta Circuit Bench at Jalpaiguri Criminal Revisional Jurisdiction CRR 360 of 2024 Narayan Barman.

VS Kakoli Barman.

Mr. Arjun Chowdhury, Ms. Sunayana Parveen, Ms. Riya Agarwal, Mr. Mantu Mandal, Mr. Bappaditya Roy.

......for the Petitioner.

Mr. Sandip Guha Roy, Mr. Biki Sutradhar, Mr. Ananda Paul.

...for the Opposite Party.

Learned advocate appearing for the petitioner has challenged the order dated 24.05.2024 passed in Criminal Revision no. 12/2023, by the Additional Sessions Judge, Alipurduar. The subject matter of the said revisional application relate to Misc. Case no. 11/2021 dated 17.11.2022 passed by the learned Judicial Magistrate, 3rd Court, Alipurduar. I have perused the order passed by the learned Sessions Judge who has taken into account the evidence adduced during the proceedings under Section 125 of the Code of Criminal Procedure. The pivotal issue on which the learned Sessions Court was pleased to dispose off the revisional application

without interfering in respect of the order passed by the learned Judicial Magistrate, 3rd Court, Alipurduar is that the husband happens to be a government employee and constable of West Bengal Police and the quantum of the enhanced maintenance so granted to the tune of Rs.10,000/- was not excess and was compatible with the remuneration received by the present petitioner which he received in his service.

Learned advocate appearing for the private opposite party is present and opposes the contention advanced on behalf of the petitioner.

Petitioner's main contention is that he has dependent parents along with debts, as such the quantum so granted by the learned Magistrate and affirmed by the learned Sessions Court is bound to create hardship.

I have taken into account such contentions which were considered by the learned Magistrate as well as the learned Sessions Court. Having regard to the fact that this Court has to invoke the inherent powers while interfering in an order passed by the revisional Court, I am of the view that this is not a fit case where factual appreciations are available from the records of the case and there is no manifest error or illegality in the order passed by learned Sessions Judge/Revisional Court. Consequently, the revisional application being CRR 360 of 2024 is dismissed.

All parties shall act in terms of server copy of the order downloaded from the official website of this Court. (Tirthankar Ghosh, J.)