The single judge dismissed the revisional application regarding an interim maintenance order under Section 125 CrPC, holding no interference was warranted as the advocate could not present current proceedings status.
The revisional application CRR 1254 of 2010 is disposed of and pending applications are also disposed of.
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13-07-2022 Subha Item no.44 Ct no.34
IN THE HIGH COURT AT CALCUTTA Criminal Revisional Jurisdiction
CRR 1254 of 2010
Gopal Chandra Dhara @ Gopal Dhara
-versus-
The State of West Bengal & Anr.
Mr. Amal Krishna Samanta
….for the petitioner.
The revisional application was preferred in connection with order dated 11.02.2010 passed in criminal revision no. 14 of 2009. The genesis of the case relates to a proceeding under Section 125 of the Code of Criminal Procedure in respect of Misc. Case No. 212 of 2007.
Record of this revisional application reflects that there was no interim order since the inception of admission of the revisional application. The learned Sessions Court being the revisional court on perusal of the materials affirmed the order passed by the learned Magistrate. The quantum of maintenance so awarded was Rs.500/per month.
As the subject of the case relates to interim maintenance and the learned advocate is not in a position to apprise this court regarding the present stage of the proceedings, I am of the opinion that no interference is called for by this court. If there are change of circumstances, the petitioner would be at liberty to canvass the same in accordance with law before the learned Magistrate.
2
With the aforesaid observations, the revisional application being CRR 1254 of 2010 is disposed of.
Pending applications, if any, are consequently disposed of.
All concerned parties are to act in terms of a copy of this order duly downloaded from the official website of this court.
[Tirthankar Ghosh, J]
2 issues framed by the court
Whether the revisional application under Section 125 CrPC regarding interim maintenance requires interference at this stage.
Whether any interim order or maintenance award warrants revisional jurisdiction intervention.
1 provisions across 1 enactments
Gopal Chandra Dhara @ Gopal Dhara
The State of West Bengal
Tirthankar Ghosh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
