IN RE: SHAMBHU NATH CHAKRABORTY Vs. STATE

JUDGEMENT

(1.) The affidavit of service filed in Court today is kept on record. The judgment and order dated December 17, 2012 passed by learned Additional District & Sessions Judge, Fast Track Court, Durgapur in Criminal Appeal No. 01/2012 affirming the judgment and order dated December 3, 2010 passed by the learned Judicial Magistrate, 3rd Court, Durgapur in Misc. Case No. 127/2009 under section 12 of the Protection of Women from Domestic Violence Act, 2005, has been assailed in this application.

(2.) It appears that learned Magistrate while disposing of the application under the provisions of the Act of 2005 directed as follows:

(3.) The order passed by the learned Magistrate, as aforesaid, was appealed against before the learned Additional District and Sessions Judge at Durgapur, who granted an order of stay to the order impugned in the appeal on condition that the petitioner shall go on paying Rs. 3,500/- per month. By the order impugned in this revisional application, the learned Sessions Judge has dismissed the appeal on the ground that the interim order had not been complied with.