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Arjun Kumar Giri v. State of West Bengal and Anr.

Criminal revision (CRR 2620 of 2026) – interim enhancement of maintenance

Calcutta HC10 Jul 2026CRR/2620/2026

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Case brief

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What is this about?

CRR 2620 of 2026; Arjun Kumar Giri v. State of West Bengal & Anr.; interim maintenance enhancement without reasons set aside; Section 127 CrPC variation application; Rs.30,000 interim direction set aside; Rs.20,000 per month interim maintenance continued; liberty to realise arrears by execution; decision dated 10.07.2026; Dr. Ajoy Kumar Mukherjee, J.

What did the court decide?

Impugned order dated 04.06.2026 set aside; Court below directed to dispose of the petitioner's Section 127 CrPC application on 30.07.2026 or preferably within 30 days thereafter; petitioner to continue paying Rs.20,000/- per month till disposal; liberty preserved to the opposite party to realise arrears, if any, by appropriate execution proceedings. ¶13

Arjun Kumar Giri Vs State of West Bengal and Anr. — Calcutta HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the impugned order dated 04.06.2026 of the Court below, directing the petitioner to pay an enhanced amount of Rs.30,000/- pending disposal of his application under Section 127 of the Code of Criminal Procedure without assigning any reason, is sustainable.

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Court's answer

The impugned order is bereft of any reason, suffers from perversity and is not sustainable in the eye of law.

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Ratio / Principle

The impugned order dated 04.06.2026 is set aside.

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Key takeaways

The Court below is directed to dispose of the petitioner's application under Section 127 of the Code of Criminal Procedure on the next date, i.e., 30.07.2026, or preferably within 30 days thereafter.ratio¶13
Setting aside of the impugned order will not prevent the opposite party from realising any arrear amount by filing appropriate execution proceedings before the appropriate forum, subject to the other provisions of law.ratio¶13
The petitioner shall go on paying Rs.20,000/- per month till disposal of the application under Section 127 of the Code of Criminal Procedure.

Detailed headnote1 paragraphs

Criminal revision (CRR 2620 of 2026) — interim enhancement of maintenance — order dated 04.06.2026 of the Court below directing the petitioner to pay an enhanced amount of Rs.30,000/- while his application under Section 127 of the Code of Criminal Procedure remained pending, passed without assigning any reason — held to suffer from perversity and to be unsustainable — impugned order set aside — Court below directed to dispose of the Section 127 application on 30.07.2026 or preferably within 30 days thereafter — petitioner to continue paying Rs.20,000/- per month in the interregnum — liberty preserved to the wife/opposite party to realise arrears, if any, by appropriate execution proceedings (Dr. Ajoy Kumar Mukherjee, J.).

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10.07.2026 Serial nos. 21 [Srimanta] Ct. No. - 29

CRR 2620 of 2026

ARJUN KUMAR GIRI

-VS-

STATE OF WEST BENGAL & ANR.

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Mr. Aniruddhya Bhattacharyya, Mr. Debayan Ghosh,

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Ms. Anushka Bose, Advocates … … For the Petitioner. Mr. Shayak Chakraborty, Advocate

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……For the Opposite Party No. 2.

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In this application, the petitioner has assailed the order dated 4^th June, 2026 by which the Court below had directed the petitioner to pay enhanced amount of Rs.30,000/keeping pending the petitioner’s application under Section 127 of the Code of Criminal Procedure.

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It is submitted on behalf of the petitioner that the petitioner earlier preferred a revisional application before this Court being CRR/2105/2025 and this Court by an order dated 14.05.2026 was pleased to give liberty to the petitioner to make appropriate application before the Court below seeking addition and alteration of the maintenance amount in view of the alleged changed circumstances and it was further directed that in the event of filing such application, appropriate forum will dispose of such prayer in accordance with law as expeditiously as possible. Such situation arose in view of petitioner’s submission that his income has been substantially decreased due to winding up the company.

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After granting such liberty the petitioner herein has made application before the Court below under Section 127 of the Code of Criminal Procedure which was fixed for hearing on 30^th July, 2026. In the meantime, by the impugned order the Court below without assigning any reason has directed the petitioner to pay Rs.30,000/- to the wife/opposite party till disposal of the application under Section 127 of the Code of Criminal Procedure filed by the petitioner.

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Since the order impugned is bereft any reason, I find that it suffers from perversity and as such the order impugned is not sustainable in the eye of law. In view of above, the impugned order dated 04.06.2026 is hereby set aside. The Court below is directed to dispose of petitioner’s application on the next date, i.e., 30.07.2026 or preferably within a period of 30 days thereafter. However, this order will not prevent the opposite party herein to realize arrear amount, if any, by filing appropriate execution proceeding before the appropriate forum if any such arrear amount has not been paid subject to the other provisions of law. Petitioner shall go on paying an amount of Rs.20,000/- per month till disposal of application under Section 127 of the Code of Criminal Procedure. The application thus stands disposed of.

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(Dr. Ajoy Kumar Mukherjee, J.)

Arjun Kumar Giri v. State of West Bengal and Anr.

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Arjun Kumar Giri v. State of West Bengal and Anr.

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