MD ALI SK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THIS is an application under Article 227 of the Constitution of India praying for quashing of the proceeding in Misc.Case NO.141 of 2011 under Section 125 of the Code of Criminal Procedure, 1973, pending before the Court of Learned Judicial Magistrate, 2nd Court, Katwa and also of the order dated 25th February, 2014 passed by the Learned Additional District and Sessions Judge, Fast Track Court, Katwa in Criminal Revision Case No.06 of 2012.

(2.) THE Misc. Case No.141 of 2011 was filed by the present O.P. No.2 under Section 125 Cr.P.C. claiming maintenance from the present petitioners who are his sons. The Learned Magistrate after hearing the parties passed an order being Order No.4 dated 03.01.2012 directing the present petitioners to pay interim maintenance to their father (O.P.No.2 herein) @ Rs.2,000/ - per month each. Being aggrieved, the petitioners preferred a revision against such order and that was registered as Criminal Revision No.06 of 2012 which was heard and disposed of by the Learned Additional Sessions Judge, Fast Track Court, Katwa, Burdwan by passing the judgment dated 25th February, 2014 dismissing the revision and affirming the order dated 03.01.2012 passed by the Learned Magistrate. Being aggrieved by the said order, the petitioners have now approached this Court with the instant Revisional Application.

(3.) LEARNED Advocate appearing for the petitioners submitted that the O.P. No.2 who is the father of the petitioners lives with his second wife and he does not maintain his first wife, daughter and the present petitioners for a long time despite having sufficient income from business. He further submitted that since the O.P. No.2 has married for the second time and he neglects to maintain his first wife, the latter i.e. the mother of the petitioners have filed an application under Section 125 Cr.P.C. along with an application for interim maintenance on 24.10.2011 before the Court of Learned Additional Chief Judicial Magistrate, Katwa, Burdwan which has been registered as Misc. Case No.158 of 2011. That case was also transferred to the same Court i.e. to the Court of Learned Judicial Magistrate, 2nd Court, Katwa and it was disposed of by directing the O.P. No.2 herein to pay maintenance to the extent of Rs.5,000/ - per month to the mother of the petitioners with effect from the date of filing i.e. from 24.10.2011. Against such order he preferred revision which was stayed on condition that the present O.P. No.2 shall pay to the petitioners maintenance @ Rs.2,000/ - per month in default the stay shall be vacated automatically. The O.P. No.2 did not comply with such order and an application for execution of arrear maintenance was filed by the mother of the petitioners.