This is an application under sections 401 and 397 of Cr.P.C. challenging the impugned
order dated 29.01.2016 passed by the learned J.M.F.C.(P), Kujanga in Criminal Misc. Case No. 7
9 of 2015 directing the petitioner to pay monthly interim maintenance of Rs. 2000/- (rupees tw
o thousand only) from the date of application i.e. 19.12.2015 to the opposite party.
Learned counsel for the petitioner contended that the opposite party no.1 Jyostna Das
is no way related to the petitioner and she has falsely claimed maintenance against the petiti
oner and her maintenance application is not maintainable in the eye of law.
As it appears, the learned Magistrate after relying upon certain documents filed by th
e parties has passed the impugned order. Whether the opposite party no.1 is the legally marrie
d wife of the petitioner or not is to be decided in the main proceeding. At this stage, in rev
ision petition, the contention raised by the petitioner cannot be taken into account.
Accordingly, I do not find any infirmity in the order of the learned Magistrate and th
erefore, the revision petition stands dismissed.
At this juncture, it is stated by the learned counsel for the petitioner that the case
has been instituted in the year 2015 and the petitioner has filed his show cause and therefor
e, necessary direction may be given for expeditious disposal of the proceeding. Considering th
e submissions, if
