ASHOK KUMAR GHOSH Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE learned advocate for the petitioner submitted that in connection with a proceeding under Section 125 of the Criminal Procedure Code being Misc. Case No. 277 of 2007, the learned Judicial Magistrate, 4th Court, Hooghly by an ex parte order directed the petitioner to pay interim maintenance @ Rs.12,000/ - per month to the wife -opposite party.

(2.) IT is further submitted against the ex parte order an application under Section 126 of the Criminal Procedure Code was filed before the court concerned. It is further submitted during the pendency of that application, the wife -opposite party filed an Execution Case for realisation of arrear amount. It is further submitted that challenging the said order passed in connection with the Execution Case, the petitioner moved a criminal revision before the learned Sessions Court with an application for condonation of delay. The learned Sessions Judge declined to condone the delay and rejected the application filed under Section 5 and the revisional application. It is then submitted that challenging the said order, petitioner is now before this court.

(3.) I , however, direct the learned Judicial Magistrate, 4th Court, Hooghly before whom the application under section 126 CrPC is pending to dispose of the same in accordance with law as expeditiously as possible preferably within six months from the date of communication of this order.