Sri Nitai Das vs Unknown
2021 Latest Caselaw 5032 Cal

24.09.2021
Ct No. 34
SL. No. 17
Somnath (PA)
                        IN THE HIGH COURT AT CALCUTTA
                       CRIMINAL REVISIONAL JURISDICTION
                                APPELLATE SIDE
                              (Through Video Conference)

                                 CRR 3242 of 2012




               In the matter of : Sri Nitai Das      .....petitioner.



               In Re: An application under Section 482 of the Code of
               Criminal Procedure.



                      The present revisional application has been preferred

               against the order dated 8th August, 2012 passed by the

               Learned Sessions Judge, Bankura in Criminal Revision No

               61 of 2011 thereby modifying the order dated 26th July,

               2011 passed by the Learned Judicial Magistrate, 4th Court,

               Bankura in Miscellaneous Case No. 30 of 2011. The Learned

               Magistrate on an appreciation of the evidence placed before

               him was pleased to allow the prayer for maintenance under

               Section 125 of the Code of Criminal Procedure and awarded

               a sum of Rs. 2000/- per month to the wife and Rs. 2000/-

               per month to the minor son, aggregating to an amount of

               Rs. 4,000/-. The husband (being the present petitioner)

               approached the learned Sessions Judge in its revisional

               jurisdiction and the learned Sessions Court reduced the
                     2




amount from Rs. 2,000/- each to Rs. 1,500/- each in

respect of the opposite party/wife and the minor son.


      Considering the judgment delivered by the Learned

Judicial Magistrate as well as Learned Sessions Court and

having regard to the reasons assigned for reducing the

quantum of maintenance, I am of the opinion that the

reasons are not based on cogent ground and as such

requires interference of this Court.


      Accordingly, the order passed by the Learned Sessions

Judge, Bankura on 08.08.2012 in Criminal Revision No. 61

of 2011 is set aside. Consequently, the order dated

26.07.2011

passed by the Learned Judicial Magistrate, 4th

Court, Bankura in Miscellaneous Case No. 30 of 2011 is

affirmed.

Thus, CRR 3242 of 2012 is allowed.

Pending application, if any, is consequently disposed

of.

Interim order, if any, is hereby vacated. The opposite

party/wife will be at liberty to take out appropriate

application before the Learned Judicial Magistrate for

recovery of the arrears.

All parties shall act on the server copy of this order

duly downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)