Lalan Singh vs Kunti Devi
2022 Latest Caselaw 6485 Cal

Form J(1)         IN THE HIGH COURT AT CALCUTTA
                     Criminal Revisional Jurisdiction
                               Appellate Side
Present :
The Hon'ble Justice Bibek Chaudhuri

                          CRR 3410 of 2022

                               Lalan Singh
                                   Vs.
                               Kunti Devi.



For the petitioner      : Mr. Krishna Das Poddar, Adv.

Heard on                : 12.09.2022

Judgment On             : 12.09.2022.


Bibek Chaudhuri, J.

It is alleged on behalf of the petitioner that the petitioner is an

ailing old person aged about 79 years. The opposite party voluntarily

left the association of the petitioner/husband and started residing with

the eldest son of the parties. The eldest son of the parties got service

in Railway Protection Force after voluntary resignation of the

petitioner from his service.

As the opposite party/wife voluntarily left the petitioner, there

was no question of the opposite party being refused or neglected by

the petitioner.

However, the opposite party was favoured with an ex parte

order in a proceeding under Section 125 of the Code of Criminal

Procedure.

The petitioner filed an application under Section 127 of the

Code of Criminal Procedure praying for modification of the order

passed in the proceeding under Section 125 of the Code of Criminal

Procedure. In the said proceeding, the opposite party is refusing to

accept notice and on the contrary, regularly proceeding with the

execution proceeding against the petitioner under Section 128 of the

Code of Criminal Procedure.

Since the proceeding under Section 127 of the Code of Criminal

Procedure filed by the petitioner and Section 128 of the Code of

Criminal Procedure filed by the opposite party are pending in the 2 nd

Court of the learned Judicial Magistrate at Asansole, the instant

revision is disposed of directing the learned Judicial Magistrate, 2 nd

Court at Asansole to cause service of notice of the proceeding under

Section 127 of the Code of Criminal Procedure upon the opposite

party on the next date of hearing of the execution case filed by the

opposite party against the petitioner under Section 128 of the Code of

Criminal Procedure.

The Trial Court is also directed to dispose of the said

application under Section 127 of the Code of Criminal Procedure

within 3 months from the date of service of notice upon the opposite

party.

It is also directed that the Execution Case under Section 128 of

the Code of Criminal Procedure and the proceeding under Section 127

of the Code of Criminal Procedure shall run concurrently.

With the above order, the instant revision is disposed of.

(Bibek Chaudhuri, J.)

Mithun De/ A.R. (Ct).

Sl No.09..

D/L.