CRR 2304 of 2016
CRR 3224 of 2016
The State of West Bengal anr.
Mr. Deep Chaim Kabir,
Mr. Mazhar Hossain Chowdhury,
…for the petitioner.
Mr. Kamalesh Ch. Saha
…for the O. P. no.2.
Affidavit of service is taken on record.
This revisional application has been filed by the petitioner
ventilating the chequered history of this case.
A case under Section 125 of the Cr. P.C. was filed against the
present opposite party no.2/husband and the learned Judicial
Magistrate passed an order. A case under Section 498A was also filed
against the present opposite party no.2/husband. At the time of
hearing of anticipatory bail application, the then coordinate Bench has
passed an order to pay Rs. 4,000/- per month as maintenance and
such assurance was given by the accused/ opposite party no.2 herein
and thereafter he got the bail but paid nothing. Subsequent coordinate
Bench has taken up the issue and issued contempt notice to him.
Initially, he did not appear but after the Rule was issued he appeared
and his the then conducting lawyer has given assurance that the order
has to be complied with. Unfortunately, that was not complied with.
Today, it has been submitted by the same lawyer that the brief of this
matter has been taken away by the client and another lawyer was
However, subsequently, two applications have been filed before
the other coordinate Bench by which the case under Section 125 Cr.
P.C. was transferred from Barasat to Bichar Bhaban. At that time also
the present opposite party no.2/husband did not pay any single
Conduct of the present private opposite party goes to show that
he wants to play hide and seek with the Court and not only that all
these efforts have been done by him only to protract the litigation and
his conduct speaks that he is practically a truant litigant who should
be given a proper lesson.
However, Mr. Kamalesh Chandra Saha appeared today on behalf
of the private opposite party no.2/husband and prayed for time to
submit some documents on Monday. However, in the meantime, the
salary to the extent of Rs.25,000/- of the present opposite party
no.2/husband be attached.
The Chairman-cum-Managing Director, Reliance Communication
Limited, 3rd Floor, BHQ, DAKC, Navi Mumbai – 400 709 is hereby
directed not to disburse the salary before deducting Rs.25,000/- to the
present opposite party no.2, namely, Bijay Ananda Sarkar until further
The office is directed to send a copy of this order to the Chairman-
cum-Managing Director, Reliance Communication Limited, 3rd Floor,
BHQ, DAKC, Navi Mumbai – 400 709 by Speed Post today itself.
Let the matter appear on 16/05/2017 under the same heading.
Let a photostat plain photocopy of this Order, duly
countersigned by the Assistant Registrar (Court), be handed over to
(Siddhartha Chattopadhyay, J. )