Bholanath Ganguly vs The State Of West Bengal & Anr
2022 Latest Caselaw 2640 Cal

06.05. 2022 item No.56 n.b.

ct. no. 34 CRR 865 of 2013 Bholanath Ganguly Vs.

The State of West Bengal & Anr.

The revisional application was preferred against the

judgment and order dated 23.07.2012 passed by the Learned

Additional Chief Judicial Magistrate, Bolpur, Birbhum in Misc.

Execution Case No.52 of 2010 under Section 127 of the Criminal

Procedure Code arising out of the order passed in Misc. Case

No.106 of 2005 dated 20.03.2006.

I find from the orders so referred a sum of Rs.4,000/- was

directed to be paid by the Learned Judicial Magistrate and by an

order dated 19.03.2013 a direction was passed by this Court to pay

maintenance @ Rs.3,000/- per month. The foundation of such

direction was passed on finding that the petitioner was receiving

pension of Rs.7,000/- per month.

The revisional application at this stage do not call for any

interference. The amount of Rs.3,000/- which was fixed for

maintenance by the Coordinate Bench on 19.03.2013 is made

absolute. However, during pendency of this proceedings for more

than eight years, if there has been change of circumstances and the

learned Magistrate has decided either to enhance or reduce the

amount in a subsequent application the same would not be altered

as the revisional application is restricted in respect of order under

challenge dated 23.07.2012.

With the aforesaid observation, CRR 865 of 2013 is

disposed of.

All pending connected applications, if any, are

consequently disposed of.

The interim order is hereby made absolute.

All parties shall act on the server copy of this order duly

downloaded from the official website of this Court.

(Tirthankar Ghosh, J.)