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Smt. Kabita Banerjee vs Krishna Nanda Banerjee & Ors on 6 July, 2018


06.07.2018. C.R.R. No. 3831 of 2012

In the matter of: Smt. Kabita Banerjee
Krishna Nanda Banerjee Ors.

Mr. Krishna Nanda Banerjee …Opposite Party No. 1 in person

Administrative notice was served upon the petitioner but was not

available at her given address at the time of service of the said notice and

has been returned.

This revision application is at the instance of the petitioner, Smt.

Kabita Banerjee who has challenged the judgment and order dated

10.09.2012 passed by the learned Additional District Sessions Judge, 1st

Court, Barrackpore in Criminal Appeal No. 11 of 2010 thereby dismissing the

Criminal Appeal and affirming the judgment and order of acquittal dated

05.03.2010 passed by the Additional Chief Judicial Magistrate, Barrackpore

in G.R.Case No. 975 of 2005 under Section 498A of the Indian Penal Code.

Opposite Party No. 1 is appearing in person, who invited my attention

to order passed in FA No. 269/2010 which was an appeal by the petitioner

against the Opposite Party NO.1. The Division Bench of this Hon’ble Court

on certain terms embodied in the said order dated 14.07.2015 disposed of

the appeal preferred by the petitioner against the appeal order of the learned

court below thereby the order of the learned Magistrate was affirmed. One of

the term as per the order of the Division Bench is that the

husband/respondent will pay to his wife, the appellant therein the first

instalment of Rs.5.00 lacs within 15 days from the date and the said to be

taken by the appellant/wife to withdraw the pending cases against him and

second instalment of Rs. 5.00 lacs be payable by next 15 days to the wife

appellant within a month from the date of the order and full payment of Rs.

10.00 lacs towards permanent alimony the appellant shall quit and vacate the

premises belongs to the respondent within three months. Certain

photocopies of the documents of the State Bank of India is placed which

shows that the Opposite Party No. 1 has complied with the directions as

embodied by the Division Bench of this Hon’ble Court but it is alleged that the

petitioner has not complied with a part of the direction for withdrawal of the

cases pending before the magistrate. Therefore, I do not find any merit in the

applcation so filed by the petitioner, Kabita Banerjee, the ex-wife of the

Opposite Party No. 1.

Thus, this revisional application being CRR No. 3831 of 2012 is


Urgent photostat certified copies of this order, if applied for, be made

available to the parties upon compliance of the requisite formalities.

(Shivakant Prasad, J.)

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