Noor Nabi Miya & Ors vs The State Of West Bengal & Anr
2022 Latest Caselaw 668 Cal

18.02.2022               IN THE HIGH COURT AT CALCUTTA
Item No.25                CRIMINAL REVISIONAL JURISDICTION
Ct.No.34
   dc.
                                 C.R.R. 1155 of 2017
                                 (Via Video Conference)

                                Noor Nabi Miya & Ors.
                                         versus
                             The State of West Bengal & Anr.

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


                   The subject matter of challenge in this revisional

             application relates to judgement and order dated 23.09.2016

             passed by the learned Additional District and Sessions Judge,

             Fast Track Court, Suri, Birbhum in connection with Criminal

             Appeal No. 41 of 2015. The operative part of the order which

             is under challenge is set out as follows :


                   "The impugned judgement & order dt. 17/02/15 of Ld. Trial

                   Court in Misc. Case no. 28/13 is hereby set aside and the

                   OP/respondent no. 1 is directed to make payment of

maintenance allowance of Rs.2,500/- per month to each of

the petitioner and her minor child from the date of this order

as per English calendar month. The OP no. 1 is directed to

pay the said monthly maintenance allowance to the petitioner

for herself and on behalf her minor child by the tenth day of

every succeeding month.

The OP no. 1 to 5 are further directed to return the cash

amount of Rs.1,00,000/- and four bhories gold ornaments to

the petitioner Sahina Bibi @ Begum within 60 days of this

order failing which the petitioner shall be entitled to recover

the same from the Ops according to law."

The learned appellate court assessed the materials

which were already available on record as also the evidence

and factually came to the finding thereby awarding a sum of

Rs.2,500/- per month to the petitioner and her minor child

aggregating to a sum of Rs.5,000/-. By the same order, the

learned appellate court also directed the present petitioners

to return the cash amount of Rs.1,00,000/- and four bhories

gold ornaments to the wife/opposite party no.2.

The said findings of the learned appellate court were on

the basis of factual materials which surfaced in evidence and

the learned appellate court on an appreciation of the same

arrived at its conclusion which is adhering to the principles

and object for which the Protection of Women from Domestic

Violence Act has been enforced and there is no illegality in

the said judgment and order dated 23.09.2016. Thus, no

interference is called for.

Accordingly, the revisional application being CRR 1155

of 2017 is dismissed.

Interim order, if any, is hereby vacated.

All pending connected 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.)