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2015 DIGILAW 262 (CAL)

Md. Ali Sk v. State of West Bengal

2015-03-19

SHIB SADHAN SADHU

body2015
JUDGMENT:- Shib Sadhan Sadhu, J. 1. The instant hearing arose out of an application (C.R.A.N. No.06 of 2015) for recalling the order dated 18.09.2014 passed by this Court rejecting the applications being C.R.A.N. No.3304 of 2014 and C.R.A.N. No.3335 of 2014 as none appeared on behalf of the petitioners on repeated calls. 2. On hearing both the parties and on perusal of the entire materials available on record I find that the instant Revision being C.R.R. No.1430 of 2014 was filed by the petitioners praying for quashing of the proceeding in Misc. Case No.141 of 2011 under Section 125 of the Code of Criminal Procedure pending before the Court of Learned Judicial Magistrate, 2nd Court, Katwa, Burdwan and also the order dated 25th February, 2014 passed by the Learned Additional District & Sessions Judge, Fast Track Court, Katwa in Criminal Revision Case No.06 of 2012. 3. The Misc. Case No.141 of 2011 was filed by the present O.P. No.2 under Section 125 Cr. P.C. claiming maintenance from the present petitioners who are his sons. The Learned Magistrate after hearing the parties passed an order being Order No.4 dated 03.01.2012 directing the present petitioners to pay interim maintenance to their father (O.P.No.2 herein) @ Rs.2,000/- per month each. Being aggrieved, the petitioners preferred a revision against such order and that was registered as Criminal Revision No.06 of 2012 which was heard and disposed of by the Learned Additional Sessions Judge, Fast Track Court, Katwa, Burdwan by passing the judgment dated 25th February, 2014 dismissing the revision and affirming the order dated 03.01.2012 passed by the Learned Magistrate. Being aggrieved by the said order, the petitioners have now approached this Court with the instant Revisional Application. 4. Being aggrieved by the said order, the petitioners have now approached this Court with the instant Revisional Application. 4. On 11.07.2014 this Court while admitting the revision passed an order staying the operation of the said impugned order dated 25th February, 2014 passed by the Additional Sessions Judge, Fast Track Court, Katwa in Criminal Revision No.06 of 2012 for a period of eight weeks or until further order, whichever is earlier on condition that each of the petitioners will make payment of maintenance of each month @ Rs.1,600/- per month in favour of the Opposite Party/father within 15th day of next succeeding month and on further condition that each of the petitioners will make payment of the entire amount of arrears of maintenance, if any, calculated at the above rate in favour of the Opposite Party/father within 31st August, 2014, in default the stay order stands cancelled. 5. Both the applications i.e. C.R.A.N. No.3304 of 2014 and C.R.A.N. No.3335 of 2014 were filed on the same date i.e. on 21.08.2014. By filing the C.R.A.N. No.3304 of 2014 extension of the interim order passed on 11.07.2014 was prayed for while by filing the C.R.A.N. No.3335 of 2014 it was prayed for passing an order allowing the petitioners to pay the arrears maintenance @ Rs.1,600/- per month in six equal installments to the O.P. No.2 and to extend the interim order. 6. As has already been stated that those two aforesaid C.R.A.N. applications have been dismissed for default on 18.09.2014. Be that as it may, in terms of the order dated 11.07.2014 the petitioners were directed to pay current maintenance @ Rs.1,600/- per month each to the O.P. No.2 within 15th day of succeeding month and they were also directed to liquidate the entire arrears maintenance at the same rate within 31st August, 2014. On perusal of the photo copies of the receipts which are money order receipts/coupons it appears that Rs.4,800/- was sent to the O.P. No.2 on 12.08.2014, Rs.4,800/- on 14.08.2014, Rs.4,800/- on 13.09.2014, Rs.4,800/- on 14.10.2014, Rs.1,600 on 17.10.2014, Rs.4,800/- on 14.11.2014, Rs.4,800/- on 13.12.2014, Rs.4,800/- on 13.01.2015 and Rs.4,800/- on 13.02.2015. Thus it is evident that although the petitioners have complied with the direction so far as the claim of current maintenance is concerned but they showed no interest to comply with the further direction to liquidate the arrears. Thus it is evident that although the petitioners have complied with the direction so far as the claim of current maintenance is concerned but they showed no interest to comply with the further direction to liquidate the arrears. There is nothing on record to show that they have at all made any payment towards arrears maintenance which being calculated at the rate fixed by this Court amounts to Rs.1,48,800/-. On the contrary, from their own averments made in the application being C.R.A.N. No.3335 of 2014, it comes out admittedly that they have not paid off the arrears maintenance in compliance with the direction given by this Court on 11.07.2014. 7. For the aforesaid reasons, the instant application being C.R.A.N. No.06 of 2015 stands dismissed. Also the order of stay passed on 11.07.2014 stands vacated. 8. Let the instant Revision be fixed for hearing on 25th March, 2015.