Gourab Poddar vs The State Of West Bengal & Anr
2023 Latest Caselaw 3142 Cal

Form J(1)          IN THE HIGH COURT AT CALCUTTA
                      Criminal Revisional Jurisdiction
                                 Appellate Side


Present :
The Hon'ble Justice Bibek Chaudhuri



                               CRR 2326 of 2022
                                    With
                                CRAN 1 of 2022
                                    With
                                CRAN 3 of 2023

                                  Gourab Poddar
                                      Vs.
                           The State of West Bengal & Anr.


Mr. Mrinal Kanti Mukherjee,
            ..for the petitioner

Mr. Supriyo Das
                    ..for the Opposite Party

Item No.184

Heard & Judgment on:             02.05.2023


Bibek Chaudhuri, J.

An order dated 23rd June, 2022 passed by the learned

Metropolitan Magistrate, 11th Court, Kolkata in Misc. Execution Case

No. 42 of 2022 arising out Misc. Case No. 13 of 2020 passed by the

learned Metropolitan Magistrate, 11th Court, Kolkata is under

challenge in the instant revision. By passing an order dated 1 st June,

2021 the learned Magistrate disposed of an application under Section

23 of the PWDV Act directing the opposite party/husband to pay

monetary allowance at the rate of Rs.20,000/- per month and

Rs.5,000/- per month for alternative accommodation for the

wife/opposite party.

As the husband failed to make payment of the said monetary

allowance, the wife/petitioner filed an application for striking out of

defence of the husband in the said proceeding. The learned

Magistrate vide order dated 24th March, 2022 rejected the said

application filed by the wife and fixed 4th May, 2022 for further cross-

examination of P.W.1. It is pointed out by the learned advocate for

the petitioner that the application under Section 23 has not been

disposed of and in order to dispose of the said application 4 th May,

2022 was fixed for cross-examination of P.W.1.

Such submission made by the learned advocate for the

petitioner suffers from misconception in view of the fact that interim

application can be disposed of without any evidence on the basis of

sworn affidavit by the parties. The order dated 1 st November, 2021

clearly states that the application under Section 23 of the PWDV Act

stood disposed of.

In view of such circumstances, the instant revision assailing the

order dated 23rd June, 2022 passed by the learned Magistrate is not

maintainable.

The present petitioner is directed to take part in cross-

examination of P.W.1 in respect of the application under Section 12 of

the PWDV Act

The opposite party is also directed to make payment of the

arrear monetary allowance as well as current monetary allowance

scrupulously as per the order dated 1st November, 2021. On payment

and liquidation of arrear maintenance the learned Magistrate shall

dispose of the application under Section 12 of the PWDV Act within

four months from the date of this order.

The instant revision is disposed of.

(Bibek Chaudhuri, J.)