Tripura High Court
Sri Santanu Ghosh vs Smt. Shila Rani Ghosh And Ors on 10 January, 2025
HIGH COURT OF TRIPURA
AGARTALA
IA No.2 of 2024
Crl. Rev. P.61 of 2023(D/O)
Sri Santanu Ghosh
---Applicant(s)
Versus
Smt. Shila Rani Ghosh and Ors.
----Respondent(s)
For Applicant(s) : Mr. D. Sarkar, Adv.
For Respondent(s) : Mr. S. Bhattacharjee, Adv.
HON'BLE MR. JUSTICE BISWAJIT PALIT
Order
10/01/2025
Learned Counsel Mr. D. Sarkar is present for the applicant-
petitioner and Mr. S. Bhattacharjee, Learned Counsel is present
for the respondents.
This petition is filed under Section 482 of Cr.P.C. for
correction/modification of the judgment and order dated
04.04.2024 in connection with Criminal Revision Petition No.61 of
2023 and Criminal Revision Petition No.8 of 2024.
Taking part in the hearing Learned counsel for the applicant-
petitioner drawn the attention of the court that in para No.27 of
the judgment delivered by this court a direction was given to the
petitioner to pay arrear maintenance amount of Rs.2,44,000/-
(Rs.1,89,000/- for the wife-petitioner and Rs.55,000/- for the
minor son who by this time has attained majority). But in the
meantime as per order passed by the Learned Family Judge,
Khowai Tripura Rs.90,000/- is already been paid by the husband
to the wife-petitioner in the interim maintenance proceeding. But
that amount was not taken into consideration by this court at the
time of delivery of judgment. So Learned counsel submitted that a
direction may be given to the Executing Court to deduct the
amount at the time of compliance of the order passed by this
court at this stage by invoking Section 482 of Cr.P.C.
On the other hand, Learned Counsel Mr. S. Bhattacharjee
appearing on behalf of the respondent first of all has drawn the
attention of the court that this petition is not maintainable under
Section 482 of Cr. P.C and referring the provision of Section 362
of Cr.P.C. he drawn the attention of the court there is no clerical
error or arithmetical mistake in the judgment. So by invoking the
provision of Section 482 of Cr.P.C. there is no scope to grant any
relief to the applicant-petitioner. Hence the same is liable to be
dismissed henceforth. In support of his contention Learned
counsel for the applicant-petitioner relied upon a citation of
Hon'ble Supreme Court in State of Madhya Pradesh vs. Man
Singh reported in (2019) 10 SCC 161, relevant para 4, 5 and 6
and Learned counsel further referred another citation of Hon'ble
Supreme Court in Hari Singh Mann vs. Harbhajan Singh
Bajwa and Others reported in (2001) 1 SCC 169, relevant para
No.9 and also referred another citation of the Hon'ble Apex Court
in Sooraj Devi vs. Pyare Lal and Another reported in (1981)1
SCC 500, relevant para 4. Referring those citations Learned
counsel submitted that there is no scope on the part of this court
to modify the revisional judgment passed by this court.
I have heard both the sides and also perused the aforesaid
citations of the Hon'ble Supreme Court referred by Learned
counsel appearing for the respondents. It appears that by the
judgment delivered by this court on 04.04.2024 in Criminal
Revision Petition No.61 of 2023 and Criminal Revision Petition
No.8 of 2024 in relevant para No.27 necessary direction was given
to pay the arrear maintenance. Admittedly none of the parties in
course of hearing did raise any issue regarding granting of interim
maintenance by the Learned Family Court, so the matter was not
came to the notice of this Court at the time of delivery of
judgment. However, this court at this stage in view of Section 482
of Cr.P.C. does not find any scope to modify the judgment in view
of the provision provided under Section 362 of Cr.P.C. in absence
of any clerical or arithmetical mistake. So the present petition is
not maintainable in the eye of law and accordingly the same
stands dismissed. However, the applicant-petitioner is at liberty to
approach the matter to the Learned Executing Court for
information and necessary action so that at the time of calculation
of arrear maintenance allowance the contention of the applicant-
petitioner regarding payment of interim maintenance can be taken
care of.
With this observation, this IA stands disposed of.
JUDGE
MOUMITA Digitally signed by
MOUMITA DATTA
Date: 2025.01.10
DATTA 05:53:19 +05'30'
Moumita
