Parimalmoyee Das vs The State Of West Bengal & Anr
2022 Latest Caselaw 4054 Cal

07.07. 2022 item No.21 n.b.

ct. no. 34 CRR 1421 of 2009

Parimalmoyee Das Vs.

The State of West Bengal & Anr.

Mr. Jayanta Narayan Chatterjee, Mr. Nazir Ahmed, Ms. Jayashree Patra, Ms. Chandrima Roy Karmakar, Ms. Ritushree Banerjee, Ms. Dipanwita Das .... For the petitioner.

The revisional application was preferred against the

judgment and order dated 18.9.2008 passed by the Sessions

Judge, Barasat, North 24 Parganas in Criminal Motion No.200 of

2007.

The genenis of the case relates to M Case No.205 of

2004(T.R.No.78 of 2005) which was pending before the Leaned

Judicial Magistrate, 2nd Court,(1st Class), Barasat, North 24

Parganas under Section 125 of the Code of Criminal Procedure.

Record reflects that the Learned Judicial Magistrate was

pleased to dismiss the prayer of the petitioner. However, in revision

the learned Sessions Court was pleased to allow the application of

the present petitioner and awarded a sum of Rs.800/- per month.

The present grievance of the petitioner before this Court is

regarding the quantum awarded by the Learned Sessions Court.

Mr. Jayanta Narayan Chatterjee, learned advocate

appears on behalf of the petitioner and challenges the quantum as

awarded by the Learned Sessions Court as also the manner in

which the Leaned Judicial Magistrate, 2nd Court arrived at his

conclusion.

The revisional application was filed in the year 2009 more

than 13 years have been passed since then. There has been change

in the cost index and also the expenditure required for the

essentials.

In view of the aforesaid, without keeping the revisional

application pending before this Court, I direct that the petitioner

would be at liberty to approach the Learned Judicial Magistrate, 2 nd

Court, Barasat under Section 127 of the Code of Criminal

procedure. Learned Court after issuing usual notices would decide

the same keeping in mind the present cost of living of an individual.

With aforesaid observations, CRR 1421 of 2009 is

disposed of.

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.)