CRR/1500/2011
2021 Latest Caselaw 5341 Cal

04.10.2021
Ct No. 34
SL. No. 15
Rakib (PA)
                     IN THE HIGH COURT AT CALCUTTA
                    CRIMINAL REVISIONAL JURISDICTION
                             APPELLATE SIDE
                           (Through Video Conference)

                              CRR 1500 of 2011




             In Re: An application under Section 401 read with Section
             482 of the Code of Criminal Procedure, 1973

               In Re: Dulal Tudu @ Majhi
                                                   ...Petitioner


                   The present revisional application was preferred

             against the judgment and order dated 23.02.2011 passed by

             the learned Judicial Magistrate 6th Court, Bankura, in

             connection with the Misc. Case No. 91/2009 under Section

             125 of the Code of Criminal Procedure.


                   The order dated 23.02.2011 reflects that the learned

             Magistrate on consideration of the materials which were

             adduced by way of evidence was pleased to allow/award

             maintenance of Rs.1500/- per month to the wife and

             Rs.1500/- per month to each of the minor children,

             aggregating to sum of Rs.4500/- per month to be paid by

             the present petitioner.


                   A Coordinate Bench of this Court by an order dated

             on 21.06.2011 was pleased to direct service of notice upon
                         2




the opposite party at the time of admission of revisonal

application and stayed the operation of the order dated

23.02.2011

passed by the Magistrate on condition that the

current amount of maintenance would be paid by the

petitioner regularly.

Having regard to the order which has been passed by

the Coordinate Bench, I am of the view that the amount

which was awarded by the learned Magistrate was not

excessive. Further the said award was passed more than 10

years ago and the present cost of living in the meantime has

totally changed.

In view of the observation made above I am of the

opinion that no interference can be made so far as the order

of maintenance is concerned, as such CRR 1500 of 2011 is

dismissed.

Pending application, if any, is consequently disposed

of.

Interim order, if any, is hereby vacated.

All parties shall act on the server copy of this order

duly downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)