Debidas Chattaraj & Anr vs Unknown
2023 Latest Caselaw 4830 Cal

07.08.2023

cm

CRR 1180 of 2011

In the matter of : Debidas Chattaraj & Anr.

.... for the petitioners.

None appears for the parties.

The instant revisional application has been filed being

aggrieved by the judgment and order dated 17.03.2011 passed

by the learned Additional Sessions Judge, Durgapur in

Criminal Appeal No. 3 of 2009 affirming the order dated

21.01.2009 passed by the learned Judicial Magistrate, 2nd

Court, Durgapur in Misc. Case No. 167 of 2008. It was stated

that the opposite party No. 2 was entitled to an order of interim

relief to the tune of Rs. 3,000/- from the petitioner Nos. 1 and

2 with effect from the date of the application i.e. 17.11.2008

which was to be paid by 15th day of every month at her given

address. The petitioner Nos. 1 and 2 were directed to pay a

sum of Rs. 1500/- each till the final disposal of the case. The

said order was affirmed by the learned Additional District &

Sessions Judge, Durgapur in Criminal Appeal No. 03 of 2009.

Admittedly, the opposite party No. 2 was the wife of the son of

the petitioner Nos. 1 and 2 namely i.e. Subir Chattaraj who

died in an accident in the year 2000. The petitioner No. 1 and

petitioner No. 2 had alleged to have tortured the opposite party

No.2 and her daughter, compelling the opposite party No.2 to

leave matrimonial house along with her female child. The issue

of torture and infliction of violence under the Protection of

Women from Domestic Violence Act will be dealt with at the

time of trial. However, this Court finds no impropriety or

illegality with the interim relief being granted to the opposite

party No.2.

Under the facts and circumstances, the instant criminal

revisional application is dismissed.

Copy of the order be sent to the trial court for

information.

(Ananya Bandyopadhyay, J.)