Joy Nag vs The State Of West Bengal & Anr
2023 Latest Caselaw 435 Cal

16.01. 2023 item No.29 n.b.

ct. no. 551                    CRR 480 of 2018
              with

IA No. CRAN 1 of 2018 (Old NO. CRAN 645 of 2018) + CRAN 2 of 2022

Joy Nag Vs.

The State of West Bengal & Anr.

Mr. Tauhid Khan, Ms. Marufa Mondal .....for the petitioner.

Mr. Jayanta narayan Chatterjee, Mr. Sirsendu Sinha Roy, Ms. Mayashree Patra .... For the O.P. No.2.

CRAN 2 of 2022 is allowed and disposed of with a

direction that the instant revision be restored to its original file and

number.

The instant revisional criminal application was preferred

against the judgment dated 27.10.2017 passed by the learned

Additional Sessions Judge, Chandernagore in Criminal Motion

No.53 of 2016 thereby directing the petitioner to pay the interim

maintenance allowance Rs.10,000/- per month towards the

opposite party no.2.

Learned advocate for the petitioner submits before this

Court that one application under Section 127 of the Code of

Criminal Procedure was filed by the present petitioner/husband

before the learned Judicial Magistrate for reducing the award

passed in proceeding under Section 125 of the Code of Criminal

Procedure. He further submits that impugned order which was

passed on the basis of pay sleep of the petitioner is not existing

today as because the petitioner has terminated from the service.

He prayed for necessary order.

Learned advocate for the opposite party submits that the

impugned order passed by the learned Sessions Judge in response

to the interim order passed by the learned Judicial Magistrate has

nothing to interfere with; matter pending before the learned

Magistrate under Section 127 of the Code of Criminal Procedure

may be the ordered to be expedited.

Heard the learned advocates and perused the certified

copy of the impugned order passed by the learned Sessions Judge.

Considering the submissions of the learned advocate for

the petitioner it appears to methat the matter of consideration of

this revisional application is the same to the matter of the

proceeding pending before the learned Judicial Magistrate under

Section 127 of the Code of Criminal Procedure. Accordingly, it is

not necessary to proceed with the criminal revisional application.

I make it clear that this Courtnot passing of any order in

respect of the merit of the impugned order and the petitioner is

duty bound to abide by the impugned order passed by the Learned

Sessions Judge till any further order passed by the Jurisdictional

Magistrate.

Learned Magistrate hearing the application under Section

127 of the Code of Criminal Procedure, is directed to proceed with

this matter according to the law without being influenced by the

order passed by this Court; he is also to dispose of the proceeding

as early as possible, preferably within a period of eight weeks from

the date of receipt of this order.

Accordingly, the instant criminal revisional application

being, CRR 480 of 2018 is disposed of.

Connected applications, if any, are consequently disposed

of.

Let a copy of this order be served upon the learned

Judicial Magistrate, 3rd Court at Chandanangar in his information

and necessary compliance.

All parties shall act on the server copy of this order duly

downloaded from the official website of this Court.

( Subhendu Samanta, J.)