Agamoni Baskey vs The State Of West Bengal & Anr
2022 Latest Caselaw 2739 Cal

 D/L6                            C.R.R. No.1127 of 2017
May 11,
 2022
   Bpg.
          In Re: An application under Section 401 read with Section 482 of the
          Code of Criminal Procedure, 1973;


                                  Agamoni Baskey
                                       Versus
                                 The State of West Bengal & Anr.


                      Mr. Soumik Ganguli,
                      Mr. Sourat Nandy.
                                   ...for the petitioner.

                      Mr. Saryati Dutta.
                                           ...for the State.

                      Mr. Probal Kumar Mukherjee,
                      Mr. Arnab Mukherjee.
                                  ...for the opposite party no.2.


                      The present revisional application has been preferred

           challenging the judgment and order dated 12th July, 2016 passed

           by the learned Additional District and Sessions Judge, 1st Court,

           Jhargram. The said revisional application was preferred by the

           present petitioner being aggrieved by the judgment and order dated

           15.07.2015 passed by the learned CJM, Jhargram in M.R. Case

           No.122 of 2005, wherein in an application under Section 125 of the

           Code of Criminal Procedure the learned Magistrate after arriving at

           his conclusion regarding the entitlement of the present petitioner to

           receive maintenance was pleased to award a sum of Rs.3,000/- per

           month from the date of the order.

                      The judgment of the learned Magistrate reflects that from
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the exhibit-5 as well as deposition of P.W.4 it is well proved that

opposite party is a Senior Auditor in Defence Service (Army).

Moreover, the opposite party during his cross-examination dated

17.2.2012

admitted that he is getting Gross salary of Rs.25,000/-

per month from his department.

The learned Magistrate specifically observed that the

petitioner was entitled to get maintenance from the date of the

order.

It has been submitted on instruction by Mr. Ganguli that

the petitioner was receiving a sum of Rs.1,000/- per month by way

of interim maintenance.

In view of the aforesaid, I do not find any illegality in the

order as that may be a special circumstance wherein the learned

Magistrate would implement the maintenance to be awarded from

the date of the order. However, having considered that the learned

Magistrate awarded a sum of Rs.3,000/- per month on the

foundation of the opposite party no.2/husband earning a sum of

Rs.25,000/- per month is also surprising, I am of the opinion that

the foundation on which the quantum was awarded by the learned

Magistrate was grossly illegal and the same being affirmed by the

learned Sessions Court is against the established principles of

assessment of quantum of maintenance. The said order of the

learned Magistrate was passed on 15th July, 2015 and that of the

learned revisional court was passed on 12th July, 2016.

In view of the aforesaid, I direct the opposite party to pay

maintenance to the petitioner from 15.07.2015 to 31st December,

2021 at the rate of Rs.7,000/- per month and on an from January,

2022 the opposite party would also pay a sum of Rs.10,000/- per

month to the petitioner. Arrears, if any, would be recoverable by the

petitioner by invoking appropriate provisions of law before the

learned Magistrate.

With the aforesaid observations, CRR 1127 of 2017 is

disposed of.

Mr. Saryati Datta, learned advocate, appears on behalf of

the State and renders his assistance to this Court for arriving at the

conclusion.

Pending application, if any, is 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.)