Radheshyam Roy vs State Of West Bengal & Anr
2022 Latest Caselaw 3979 Cal

05.07.2022

Ct. No.40 Ali. CRR 2656 of 2011 Radheshyam Roy vs.

State of West Bengal & Anr.

Mr. Bidyut Roy, Mr. Pratick Bose ... for the State

None appears on behalf of the petitioner.

The instant application is filed under Section 397 and

401 read with Section 482 of the Criminal Procedure Code

directed against order dated 14th July, 2011 passed by the

Additional District & Sessions Judge First Track Court No.

5, Barasat, North 24-Parganas whereby the Order of the

Judicial Magistrate 2nd Court at Barasat dated 13.04.2010

was set aside and reversed.

In terms of the impugned Order dated 13.04.2010

filed by the Opposite Party No. 2 against the present

petitioner, the learned Judicial Magistrate, 2nd Court at

Barasat dismissed the application filed under Section 125 of

the Code of Criminal Procedure on the ground that the

opposite party No. 2/wife is not entitled to any

maintenance.

The impugned Order dated 14.07.2011 passed by the

learned Additional District & Sessions Judge First Track

Court No. 5, Barasat, North 24-Parganas allowed the

revisional application and directed the present petitioner to

pay maintenance a sum of Rs.3,000/-per month from

07.07.2015.

On being aggrieved, the instant application is

preferred.

Perused the petition as well as the impugned orders.

The petitioner had paying interim maintenance

earlier. The Revisional Court considered that the Petitioner

did not produce any document of income which compelled

the Court to rely on the statement of the wife namely

opposite party No. 2 of the present case.

On perusal of the impugned Judgment it appears that

it was passed after due appreciating evidences and

considering conspectus of circumstances prevailing and

presented before Additional Sessions Judge, First Tract

Court. There is no glaring error or misapplication of law or

perversity which demands interference of this Court.

The instant application, accordingly stands dismissed

on merit.

(Sugato Majumdar, J.)