SOMA SARKAR Vs. BISWANATH BAL

JUDGEMENT

(1.) Mr. Biplab Mitra, learned advocate appearing for the opposite party submits that the petition which has been registered as C.R.R No. 2519 of 2010 is time barred. He has given a break up report prepared by him to show in what manner fifteen days delay has been caused in filing this application.

(2.) Mr. Uday Shankar Chattopadhaya, learned advocate appearing for the petitioner is also present in court. On perusal of the materials placed before me, it appears that there is a delay of fifteen days in filing the revisional application. Since the revisional application has been admitted by this Court and fixed for hearing as 'Contested Application', it can well be presumed that this Court has already condoned the delay. However, the matter is taken up for hearing.

(3.) The challenge in this revisional application is to the judgement and order dated 26-02-2010 passed by the Learned Judicial Magistrate, 3rd Court, Jalpaiguri in Misc. Case No. 104/08 whereby and whereunder the prayer for maintenance of the present petitioner Soma Sarkar(Bal) under Section 125 of Cr.P.C was refused.