Calcutta High Court (Appellete Side)
Madhusudan Dasgupta vs Smt. Jolly Dasgupta & Anr on 25 July, 2018
Author: Md. Mumtaz Khan
Bench: Md. Mumtaz Khan
1 25.7.201825
Ct-42 ar C.R.R 700 of 2018 Madhusudan Dasgupta Vs. Smt. Jolly Dasgupta & Anr.
Mr. Debasis Sur ... For the Petitioner The instant revisional application has been preferred by the petitioner assailing the judgment and order dated March 09, 2018 passed by learned Additional Sessions Judge, Fast Track Court-IV, Barrackpore, North 24 Parganas in Criminal Revision No. 311 of 2017 arising out of Misc. Execution Case No. 30 of 2016 passed by Judicial Magistrate, 3rd Court, Barrackpore, North 24 Parganas, under Section 125(3) of the Code of Criminal Procedure.
It is submitted by the learned advocate for the petitioner that against the order of enhancement of maintenance allowance this petitioner preferred revisional application being Criminal Revision No. 311 of 2017 before the learned Sessions Judge, Barrackpore, but the same was dismissed.
He further submits that since after the enhancement of the maintenance allowance the petitioner has retired from service and as such he filed an application under Section 127 of the Code of Criminal Procedure for modification of the order dated September 07, 2011 (Misc. Case No. 2 of 2012), which is still pending and has not yet been disposed of. He, therefore, prays for a direction to the 2 learned court below for early disposal of the Misc. Case No. 2 of 2012.
The instant revision application, as it appears, is the second revision against the order passed by the learned Magistrate, which is not maintainable.
However, having considered the submission of the learned advocate for the petitioner, I dispose of the instant revisional application directing the learned court below to expedite the hearing of the Misc. Case No. 2 of 2012 and dispose of the same at the earliest without granting any unnecessary adjournment to either of the parties.
The petitioner is directed to communicate this order to the learned court below forthwith.
Urgent photostat copy of this order, if applied for, be given to the parties upon compliance of all formalities.
(Md. Mumtaz Khan,J.)