Niranjan Biswas vs The State Of West Bengal & Another
2023 Latest Caselaw 2537 Cal

13.04.2023 IN THE HIGH COURT AT CALCUTTA Item No.20 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 1596 of 2021

Niranjan Biswas versus The State of West Bengal & another

In Re: An Application under Section 401 read with Section 482 of the Code of Criminal Procedure, 1973.

Ms. Nasreen Islam ... For the Petitioner.

The subject-matter of this revisional application relates

to grievance of the petitioner for enhancement of quantum of

maintenance passed on 12.03.2018 by learned Additional

Chief Judicial Magistrate, Ranaghat, Nadia in Misc. Case No.

232 of 2017 under Section 125 of the Code of Criminal

Procedure.

From the operative part of the order, it reflects that the

petitioner is the father of the opposite party no.2 and he was

awarded maintenance of Rs.2000/- for himself and

Rs.2000/- for his wife (mother of the opposite party no.2)

aggregating to Rs.4000/- per month. The contention as also

the reflection in the judgment of the learned Magistrate

reflects that the opposite party no.2 i.e. the son is employed

with the West Bengal Police.

Having regard to the fact that the son is employed with

the Government, the quantum of award of maintenance is not

commensurate for the purpose of maintaining the old ailing

parents. The order under challenge was passed in the year

2018. More than five years have passed since the

order/judgment was delivered by the learned Additional Chief

Judicial Magistrate, Ranaghat, Nadia. In the circumstances, I

grant liberty to the petitioner to take out an application under

Section 127 of the Code of Criminal Procedure wherein the

learned Magistrate would consider the earnings of the son as

well as the change in the cost of living and thereafter arrive at

a fresh finding which would be commensurate with the

sustenance of the parents/petitioner.

If such an application under Section 127 of the Code of

Criminal Procedure is taken out at the instance of the

petitioner, learned Magistrate will take all efforts to dispose of

the same in accordance with law, keeping in mind the

observations made above, preferably within a period of three

months.

With the aforesaid observations, the revisional

application being CRR 1596 of 2021 is disposed of.

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.

Urgent photostat certified copy of this order, if applied

for, be supplied to the parties upon compliance with all

requisite formalities.

(Tirthankar Ghosh, J.)