ARCHANA PRODHAN Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) This writ application is filed by the petitioner for a direction upon the respondents their agents, servants to give 50% of the salary amount of the respondent No. 6 to the petitioner and her two daughters with effect January 5, 2012 along with interest @ 10% per anum forthwith without any hindrance from any quarters.

(2.) It is submitted by Mr. Tapabrata Chakraborty, learned Counsel appearing on behalf of the petitioner that though the Code of Criminal Procedure prescribes a procedure for execution of an order passed under Section 125 of the Code of Criminal Procedure, 1973, it will take some time in realising the above amount. That is the reason for filing an application under Article 226 of the Constitution of India for realisation of the aforesaid amount. According to Mr. Chakraborty the respondent No. 6 also submitted before the learned ACJM, Kakdwip, South 24- Parganas an application for deduction of the aforesaid amount from his salary in course of hearing of the above matter.

(3.) Mr. J. Majumder, learned advocate appearing on behalf of the respondent-Council raised an objection with regard to the maintainability of this writ application. According to him, Section 128 of the Code of Criminal Procedure, 1973 prescribes a procedure for execution of an order passed under Section 125 of the Code of Criminal Procedure, 1973. According to him, this application is not maintainable.