Sanjib Raha Roy vs Unknown
2023 Latest Caselaw 6936 Cal

10.10.2023 IN THE HIGH COURT AT CALCUTTA Item No.13 CRIMINAL REVISIONAL JURISDICTION Ct.No.34 dc.

C.R.R. 3595 of 2023 with CRAN 1 of 2023

In the matter of : Sanjib Raha Roy ... Petitioner.

Mr. Pronojit Roy ... For the Petitioner.

Re: CRAN 1 of 2023 (an application for Restoration)

Learned advocate appearing for the petitioner prays for

condonation of delay of 65 days in preferring this revisional

application.

The reasons so assigned in paragraph 8 of the

application for condonation of delay are found to be just and

sufficient. Accordingly, delay is condoned. The application

being CRAN 1 of 2023 is, thus, allowed.

Re: CRR 3595 of 2023

The revisional application is taken up for

consideration. The revisional application relates to judgment

and order dated 11.04.2023 passed in Misc. Case No. 53 of

2021 (T.R. No. 108 of 2021).

I find that the learned trial court being the learned

Judicial Magistrate, 2nd Court, Ranaghat, Nadia was pleased

to award maintenance of Rs.2500/- per month. Having regard

to the quantum of maintenance, I do not find any opportunity

in spite of the fact that the learned advocate insist that the

petitioner is working in a laboratory and earns Rs.5,200/- per

month. Further the petitioner submits that he has his ailing

parents for whom he has to take care. I have not been

impressed by the issues which have been canvassed for

reducing the quantum of maintenance. However, if the

petitioner is able to make out a case, the petitioner would

approach the learned Magistrate under Section 127 of the

Code of Criminal Procedure.

Learned Magistrate would in the fitness of the

circumstances, consider whether there are further grounds

for interference in respect of the prayer advanced by the

petitioner.

No interference is made at this belated stage and any

application which is filed by the petitioner would not be an

impediment for continuing with the award of maintenance so

granted by the learned Judicial Magistrate, 2nd Court,

Ranaghat.

With the aforesaid observations, the revisional

application being CRR 3595 of 2023 is disposed of.

Pending other connected application, if any, is

consequently disposed of.

All concerned parties shall act on the server copy of

this order duly downloaded from the official website of this

Court.

Urgent photostat certified copy of this order, if applied

for, be supplied to the parties upon compliance with all

requisite formalities.

(Tirthankar Ghosh, J.)