Pramita Sen vs The State Of West Bengal & Anr
2022 Latest Caselaw 5539 Cal

Form J(1)        IN THE HIGH COURT AT CALCUTTA
                    Criminal Revisional Jurisdiction
                               Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri


                        C.R.R. 2622 of 2022
                             Pramita Sen
                                 Vs.
                   The State of West Bengal & Anr.

For the petitioner      : Mr. Souma Subhra Roy, Adv.
                          Ms. Choyanika Singh, Adv

Heard on                : 17.08.2022

Judgment On             : 17.08.2022.

Bibek Chaudhuri, J.

An application for interim maintenance filed by the petitioner

against the opposite party in Maintenance Case No.600 of 2021 was

rejected by the learned Chief Judicial Magistrate vide order dated 5 th

May, 2022 on the ground that the prayer for interim maintenance

made by the petitioner for her minor child is the same as that of the

main application for maintenance.

Considering the impugned order this Court is of the view that

the impugned order is liable to be set aside at the outset even without

a direction to the petitioner to serve notice to the opposite party.

I am surprised to note that the impugned order was passed by

an Officer in the rank of Chief Judicial Magistrate. It is assumed that

the concerned officer is promoted to the post of the Chief Judicial

Magistrate after serving considerable period of time as Judicial

Magistrate. This Court at least expects from a Judicial Officer in the

rank of Chief Judicial Magistrate that the petitioner is entitled to claim

maintenance and interim maintenance as the case may be according

to her need. It is for the learned Magistrate to decide the quantum of

interim maintenance. It is also noted that interim relief is prayed in

consonance of the final relief. Therefore, an application for interim

maintenance cannot be rejected solely on the ground that the

petitioner claimed interim maintenance allowance at the rate similar

to the prayer made in the main application under Section 125 of the

Code of Criminal Procedure.

For the reasons stated above, the impugned order dated 5 th

May, 2022 is set aside.

The instant revision is allowed.

The learned Magistrate is directed to dispose of the application

for interim maintenance filed by the petitioner on merit within 3

weeks from the date of communication of the order.

On bare perusal of the impugned order, this Court is of the

prima facie view that the learned Chief Judicial Magistrate at Barasat

is required to be sensitized about the scope of interim application,

interim prayer and interim relief in a proceeding under Section 125 of

the Code of Criminal Procedure. Therefore, the learned District Judge,

North 24-Parganas at Barasat is requested to have a

sensitization/orientation discussion with the learned Chief Judicial

Magistrate, Barasat and all the Judicial Magistrates at Barasat within 7

days from the date of communication of this order after days judicial

work on a particular working day.

The learned District Judge, North 24-Parganas at Barasat be

informed accordingly.

The petitioner is at liberty to act on the server copy of the

order.

(Bibek Chaudhuri, J.)

Mithun De/ A.R. (Ct).

Sl No.36..

D/L.