Sri Anindo Banerjee vs Smt Poulami Banerjee
2021 Latest Caselaw 3706 Cal

12.07.2021 IN THE HIGH COURT AT CALCUTTA Item No.10 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 2030 of 2014 (Via Video Conference)

Sri Anindo Banerjee versus Smt Poulami Banerjee

In Re: An Application under Section 482 of the Code of Criminal Procedure, 1973.

The present petitioner being husband was aggrieved by

the judgment and order dated 31.03.2014 passed by the

learned Additional Sessions Judge, 9th Court, Alipore in

Criminal Motion No. 462/2013. Records reflect that the

learned Sessions Judge being the revisional court was

pleased to dismiss the revisional application. It has been

categorically observed by the learned sessions court that the

learned Magistrate heard and disposed of the application for

interim maintenance without affording any opportunity to the

present petitioner and the reasons so assigned that none

represented the present petitioner before the learned

Magistrate in spite of the matter being called at 11.15 a.m.

and 12.45 p.m.

Having regard to the fact that during the pendency of

the main application by way of an interim measure, the

learned Magistrate was pleased to allow maintenance, I am of

the view that if the petitioner is aggrieved, he will have an

opportunity to adduce evidence and rebut the contentions of

the opposite party/wife in course of trial. As such, there is no

reason to interfere with the order so passed either by the

learned sessions court or by the learned Magistrate.

Accordingly, CRR 2030 of 2014 is dismissed.

Interim order, if any, is hereby vacated.

All pending 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.

(Tirthankar Ghosh, J.)