Ajoy Kumar Roy vs Sandhya Roy Dey & Anr
2022 Latest Caselaw 7295 Cal

31.10.2022 BMJR Item no. 30 Ct. No.35 CRR 988 of 2015 With CRAN 3 of 2016 (Old No. CRAN 3176 of 2016)

Ajoy Kumar Roy Vs.

Sandhya Roy Dey & Anr.

None appear for either of the parties.

It appears that the matter is pending in the list since 6th

September, 2022 and was called on everyday but none appeared

during all these periods. Hence, this matter is taken up for disposal

in absence of the parties.

Judgment and order dated 19th December, 2012 by the

Additional Sessions Judge, First Fast Track Court, Barrackpore is

under challenge in this revision. The petitioner has also intended to

challenge the order dated 18.02.2015 passed by the Judicial

Magistrate, 3rd Court at Barrackpore in M-Execution Case No.51 of

2003.

It appears from record that the Magistrate has issued

"Distress Warrant" by dint of the said impugned order against the

present petitioner on the ground of his default in payment of amount

of maintenance as granted by the Court under Section 125 Cr.P.C.

The prayer of the petitioner has been intended to be substantiated

with the grounds pleaded in the petition which, however, appear to

be insufficient and not cogent. Hence, the same is found to be

meritless and the revision is liable to be dismissed.

For the reasons as aforesaid the CRR 988 of 2015 is

dismissed. In view of dismissal of this revision the connected

application being CRAN 3 of 2016 (Old No. CRAN 3176 of 2016) is

also dismissed.

(Rai Chattopadhyay, J.)