Riten Basak v. Tumpa Das Basak

06.01.2025

IN THE HIGH COURT AT CALCUTTA

Item No.14 CIRCUIT BENCH AT JALPAIGURI Ct.No.2 CRIMINAL REVISIONAL JURISDICTION Rakib C.R.R. 449 of 2024 Riten Basak Vs.

Smt. Tumpa Das Basak.

Mr. Pritam Roy, Ms. Silpi Basu.

... For the Petitioner.

Supplementary affidavit so filed by the petitioner be kept with the record.

Petitioner submits that so far as the amount of interim maintenance of Rs.8,000/- per month which has been passed by the learned Judicial Magistrate, Tufanganj, there are arrears.

Petitioner was aggrieved by the quantum of maintenance and as such approached the learned Sessions Judge by way of invoking its revisional power in Criminal Revision no. 3 of 2021, however, while dismissing the revisional application the learned Sessions Judge imposed cost of Rs.1,00,000/- out of which Rs.50,000/- in cash was to be handed over to the wife and another Rs.50,000/- in cash to be deposited with the Sub-divisional Legal Services Committee, Tufanganj.

Having considered the limited scope of the present revisional application and the fact that there are arrears in payment of interim maintenance, I direct that if in two

installments the petitioner by 20th February, 2025 clears all the dues/arrears in connection with Misc Case No. 60 of 2019, in such circumstances the cost of Rs.1,00,000/- so directed to be deposited by the learned Sessions Judge in Criminal Revision no. 3 of 2021 be treated to be waived. In case the arrears and dues are not cleared by 20th February, 2025 learned Magistrate in siesin of Misc. Case no. 60 of 2019 would revive, impose and implement the order of the learned Sessions Judge for depositing the sum of Rs.1,00,000/-.

With the aforesaid observations CRR 449 of 2024 is disposed of.

Pending 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.)