MD ALI SK Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE instant hearing arose out of an application (C.R.A.N. No.06 of 2015) for recalling the order dated 18.09.2014 passed by this Court rejecting the applications being C.R.A.N. No.3304 of 2014 and C.R.A.N. No.3335 of 2014 as none appeared on behalf of the petitioners on repeated calls.

(2.) ON hearing both the parties and on perusal of the entire materials available on record I find that the instant Revision being C.R.R. No.1430 of 2014 was filed by the petitioners praying for quashing of the proceeding in Misc. Case No.141 of 2011 under Section 125 of the Code of Criminal Procedure pending before the Court of Learned Judicial Magistrate, 2nd Court, Katwa, Burdwan and also the order dated 25th February, 2014 passed by the Leaarned Additional District and Sessions Judge, Fast Track Court, Katwa in Criminal Revision Case No.06 of 2012.

(3.) 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.