SC and HC Judgments Online at MyNation

Judgments of Supreme Court of India and High Courts

Jayanta Adhikary vs The State Of West Bengal & Ors on 11 June, 2019

11.06.19
Sl.no. 14
Ct. No. 30
P.M.

C. R. R. 1768 OF 2018

Jayanta Adhikary

– 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

herein.

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

landed property.

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

accommodation.

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.)

Leave a Reply

Your email address will not be published. Required fields are marked *


Not found ...? HOW TO WIN 498a, DV, DIVORCE; Search in Above link

All Law documents and Judgment copies
Laws and Bare Acts of India
Landmark SC/HC Judgements
Rules and Regulations of India.

STUDY REPORTS

Copyright © 2021 SC and HC Judgments Online at MyNation
×

Free Legal Help, Just WhatsApp Away

MyNation HELP line

We are Not Lawyers, but No Lawyer will give you Advice like We do

Please read Group Rules – CLICK HERE, If You agree then Please Register CLICK HERE and after registration  JOIN WELCOME GROUP HERE

We handle Women Centric biased laws like False Sectioin 498A IPC, Domestic Violence(DV ACT), Divorce, Maintenance, Alimony, Child Custody, HMA 24, 125 CrPc, 307, 312, 313, 323, 354, 376, 377, 406, 420, 497, 506, 509; TEP, RTI and many more…

MyNation FoundationMyNation FoundationMyNation Foundation