Ct. No. 30
C. R. R. 1768 OF 2018
– vs –
The State of West Bengal Ors.
Ms. Sonam Basu,
Mr. Bharat Ch. Simai
… for the petitioner.
Mr. Apurba Ghauti,
Ms. Priti Jain.
… for the opposite party Nos. 2 3
By the instant application the petitioner who is the son of the opposite party Nos. 2
and 3 has prayed for quashing of the proceeding arising out of Misc. Case No. 58 of 2016
under Section 125 of the Code of Criminal Procedure pending before the Judicial Magistrate,
3rd Court, Tamluk, Purba Medinipur.
Petitioner has also assailed the order dated 14th March, 2017 passed by the learned
Magistrate whereby the petitioner herein was directed to pay Rs. 2,000/- per month towards
interim maintenance to the opposite party Nos. 2 and 3 who are the parents of the petitioner
Learned counsel for the petitioner submits that the Misc. Case arising out of the
proceeding under Section 125 of the Code of Criminal Procedure was filed as a counter blast
to the criminal case under Section 498A I.P.C. filed by the petitioner’s wife against his
parents. Further submission is that the petitioner is not in a position to pay Rs. 2,000/- per
month towards interim maintenance to the opposite party Nos. 2 and 3 since he is a labourer
who earns 24,000/- per annum. In support of such submission reliance has been placed on
a certificate issued by the Pradhan of Haur Gram Pranchayet. It is further submitted that the
opposite party Nos. 2 and 3 have sufficient means for their maintenance and they have
Learned counsel for the opposite party Nos. 2 and 3 categorically disputed the
contention that the petitioner has no means to maintain his parents. According to the
learned counsel for the opposite parties, the parents were driven out from their dwelling
house by the petitioner and were compelled to take shelter elsewhere in a rented
It appears that the issues raised by the parties are matters to be decided by evidence
during trial. The misc. Case arising out of an application under Section 125 of the Code of
Criminal Procedure has been posted for evidence. The order of interim maintenance passed
by the learned Magistrate awarding Rs. 2,000/- per month for the opposite party Nos. 2 and
3 does not suffer from any illegality. Considering the escalating prices of the necessities of
daily life, the amount awarded towards interim maintenance is quite meager and does not
call for interference. To subserve the interest of justice it would be appropriate for the trial
court to expedite the hearing of the Misc. Case and dispose of the same at an early date.
For the reasons aforestated, learned Judicial Magistrate, 3rd Court, Tamluk is
requested to expedite the hearing of Misc. Case No. 58 of 2016 and dispose of the same in
accordance with law preferably within three months from the date of communication of this
order without granting unnecessary adjournment to either of the parties.
The application being C.R.R. 1768 of 2018 is thus disposed of.
Let a copy of this order be communicated forthwith to the Judicial Magistrate, 3rd
Court, Tamluk, Purba Mednipur.
Urgent photostat certified copy of this order, if applied for, be given to the applicant
upon compliance of requisite formalities.
( Asha Arora, J.)