K.Govind Rao And ORS v. The State And ORS

IN THE HIGH COURT AT CALCUTTA

[ CIRCUIT BENCH AT PORT BLAIR ] ...

CRR/9/2024 Shri K. Govind Rao and Others ...Petitioners Vs.

The State and Others ... Opposite Parties Mr. K.M.B. Jayapal ... for the Petitioners January 09, 2024 [M.A.Mobin] Item No.37 Mr. Jayapal, learned Advocate appearing on behalf of the Petitioners has challenged the order dated 21st November, 2023 passed in Misc. Case No.39 of 2021 by the learned Judicial Magistrate, First Class-1, Andaman & Nicobar Islands, Port Blair. I find that in the said order dated 21st November, 2023 the learned Magistrate was pleased to pass an order for interim monetary relief directing the respondent no.1 to pay the same per month to the minor daughter namely K. Harshita. Mr. Jayapal, learned Advocate appearing for the Petitioners submits that there are additional grounds apart from the impugned order which has been challenged and is a subject matter of the present Revisional application.

As under Section 29 of the PWVD Act, 2005 there is a provision for statutory appeal before the learned Sessions Judge, I am of the opinion that before the inherent powers under Section 482 of the Cr.P.C. are invoked the petitioners are to first approach

the learned Appellate Court. At least there are no exceptional circumstances which would compel this Court to invoke its power by ignoring the provisions which are present in the statute. If an application under Section 29 of the PWVD Act, 2005 is preferred before the Appellate Forum/the learned Sessions Judge, the Appellate Court would consider the period of pendency of the present Revisional application and accordingly condone the delay. Needless to state that this Court has not entered into the merits of the said case and has left it to the Appellate Court to adjudicate the same as such the learned Sessions Court would arrive at its independent finding without being influenced by any observation made above.

With the aforesaid observation CRR 9 of 2024 is disposed of. Pending application, if any, consequently disposed of. Parties to act on a server copy of this order duly collected from the official website of the Hon'ble High Court at Calcutta. Urgent Photostat certified copy of this order, if applied for, be supplied to the parties, subject to compliance with all requisite formalities.

[Tirthankar Ghosh, J.]