Rituparna Bandapadhyay ... vs Arghya Bandapadhyay And Anr
2023 Latest Caselaw 3308 Cal

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


Present :
The Hon'ble Justice Bibek Chaudhuri



                           CRR 1511 of 2023


                      Rituparna Bandapadhyay (Chatterjee)
                                 Vs.
                       Arghya Bandapadhyay and Anr.




Mr. Subhasish Majumder
           ..for the petitioner

Item No. 14

Heard & Judgment on:          10.05.2023

Bibek Chaudhuri, J.

In a proceeding under Section 125 of the Code of Criminal

Procedure the learned Judicial Magistrate, 4th Court, Barrackpore

passed an order granting interim maintenance in favour of the

petitioner at the rate of Rs.7,000/- per month. The opposite party

No.1/husband challenged the said order in criminal revision before the

learned Additional Sessions Judge, Barrackpore. The said revision

was transferred to the court of the learned Additional Sessions Judge,

Fast Track, 4th Court, Barrackpore. Vide order dated 23 rd December,

2022 the learned Additional Sessions Judge passed an order staying

the execution of trial Court's order on condition that the opposite

party No.1 would go on paying a sum of Rs.5,000/- per month

towards interim maintenance without prejudice till disposal of the

revisional application. Next date was fixed on 14 th March, 2022 for

service return and appearance of the petitioner. On that date the

respondent (petitioner herein) filed vokalatnama and copy of the

revisional application was served upon the learned advocate for the

respondent (petitioner herein) and the learned trial Judge fixed 18 th

April, 2023 for appearance of the learned Public Prosecutor.

In a case under Section 125 of the Code of Criminal Procedure

the dispute relates between the wife and the husband. In a revision

against an order passed in a proceeding under Section 125 of the

Code of Criminal Procedure State of West Bengal is not the necessary

party and, therefore, appearance of the Public Prosecutor is not

necessary. Under such circumstances, the learned Judge in the

revisional Court is specifically directed to dispose of the revisional

application on the next date itself. The learned Judge is further

directed to issue notice upon the learned advocate for the petitioner

stating that the date of hearing of the revisional application is fixed

under the direction of this Court on 18 th July, 2023. After hearing both

the parties he is directed to dispose of the said revision at the

earliest.

In view of the above order, nothing remains in the instant

revision and the same is disposed of.

(Bibek Chaudhuri, J.)