Calcutta High Court (Appellete Side)
Smt. Ratna Ghosh vs The State Of West Bengal & Anr on 13 December, 2022
Author: Tirthankar Ghosh
Bench: Tirthankar Ghosh
13.12.2022 S/L No.19 KS C.R.R. 922 of 2021 With IA No. CRAN 1 of 2021 Smt. Ratna Ghosh
-Vs.-
The State of West Bengal & Anr.
Mr. Suman De .....For the O. P. No.2 Mr. Imran Ali Mrs. Debjani Sahu .....For the State The subject-matter of the present revisional application relates to an order dated 11th December, 2019. The revisional application is accompanied by an application under Section 5 of the Limitation Act wherein a prayer has been advanced for condoning the delay of 381 days and the reasons so assigned are the Pandemic prevailing at the relevant point of time and the time consumed for obtaining the certified copy. The order which is under challenge was passed three years ago. There is a probability of change of circumstances. However, having regard to the period which has been referred, the application under Section 5 of the Limitation Act praying for condonation of delay is hereby allowed.
Accordingly, IA No. CRAN 1 of 2021 is allowed. So far as the subject-matter of the revisional application is concerned, records reflect that there was a direction by the Learned A.C.J.M., Chandannagar awarding a sum of Rs.10,000/- per month as 2 maintenance to the present petitioner. Petitioner was dissatisfied with the quantum of maintenance.
Having regard to the time period as referred to above passed in the meantime, which is more than three years, I am of the view that the petitioner would be at liberty to canvass the points by way of an appropriate application before the Learned A.C.J.M., Chandannagar by invoking the relevant provisions of the Code of Criminal Procedure. No interference is called for at this belated stage.
Accordingly, C.R.R. 922 of 2021 is disposed of. Pending any other applications are consequently disposed of. All parties are directed to act on the server copy of this order downloaded from the official website of this Hon'ble Court.
(Tirthankar Ghosh, J.)