Sri Debasish Maity vs State Of West Bengal & Anr
2023 Latest Caselaw 1943 Cal

23.03.2023 Ct. No.34 S/L No.17 KS

C.R.R. 1191 of 2021 Sri Debasish Maity

-Vs.-

State of West Bengal & Anr.

Mr. S. Shyamal Mr. D. K. Shyamal Mr. K. Banerjee .....For the Petitioner Mr. Prantick Ghosh Mr. Siddhartha Sarkar Mr. P. Bhattacharya .....For the O.P.

The present revisional application was preferred challenging the

judgement and order dated 26.03.2021 passed by the learned Judicial

Magistrate, First Class, 4th Court, Barrackpore in Misc. Case No.03 of

2017 wherein the learned Court allowed the application under Section

127 of the Code of Criminal Procedure filed by the opposite party no.2.

Records reflect that the learned Magistrate on consideration of

the materials which were produced enhanced the amount of

maintenance which was earlier granted in the year 2015 from an

aggregated sum of Rs.7,500/- per month to an aggregated amount of

Rs.9,000/- per month.

Learned advocate appearing for the petitioner submits that he

has retired from service and his pensionary benefits as such the

quantum of maintenance which has been awarded would cause

immense hardship to him. To that effect, learned advocate refers to the

bank statements. Learned advocate also submits that the learned

Magistrate while passing the judgment and order did not assign any

plausible reason or turn down the issues which were canvassed on

behalf of the petitioner.

On the other hand, learned advocate appearing for the private

opposite party submits that learned Magistrate took into account not

only oral evidence, but also seven documents which were marked as

'Exhibits' on behalf of the either sides to arrive at a conclusion.

I have considered the submissions advanced on behalf of the

petitioner as well as the opposite parties. The quantum which has been

enhanced is Rs.1,500/- in respect of two persons which has an increment

of Rs.50/- per day for two persons.

Having considered the quantum which has been enhanced from

Rs.7,500/- in the year 2015 to Rs.9,000/- in the year 2021, I am not

inclined to interfere with the quantum so awarded by the learned

Magistrate.

However, if there are any change of circumstance in future, the

petitioner would be at liberty to take out an application for modification

of the said amount before the learned Judicial Magistrate.

With the aforesaid observation, C.R.R. 1191 of 2021 is disposed

of.

Pending applications, if any, are consequently disposed of.

All parties are directed to act on the server copy of this order

downloaded from the official website of this Hon'ble Court.

(Tirthankar Ghosh, J.)