LATIKA BANERJEE Vs. AJOY @ BABLU BANERJEE

JUDGEMENT

(1.) This revisional application under Article 227 of the Constitution of India read with Section 482 of the Code of Criminal Procedure, 1973 has been filed by petitioner Latika Banerjee against her husband Ajoy alias Bablu Banerjee and the State of West Bengal as opposite party nos. 1 and 2 respectively challenging the judgment and order dated 24th June, 2011 passed by learned Additional Sessions Judge, 1st Court, Purulia in Criminal Revision No. 7 of 2007 by which the judgment and order dated 28th December, 2006 passed by the learned Chief Judicial Magistrate, Purulia in Misc. Case No. 120 of 1996 has been set aside.

(2.) Thereafter, learned Chief Judicial Magistrate, Purulia heard the case and passed his judgment on 28.12.2006 by which the petition filed by petitioner under Section 125, Cr.P.C. was allowed on contest with an order that the petitioner is entitled to get a sum of Rs.1200/ - per month from the opposite party as her maintenance. Said judgment was challenged by the opposite party no. 1 before the learned Sessions Judge, Purulia filing Criminal Revision No. 7 of 2007. Said revisional application was heard by learned Additional Sessions Judge, 1st Court, Purulia and the impugned judgment dated 24.06.2011 was passed. By that judgment the revisional application was allowed and the impugned judgment dated 28.02.2006 passed by learned Chief Judicial Magistrate, Purulia in Misc. Case No. 120 of 1996 was set aside. Said judgment dated 24.06.2011 passed by learned Additional Sessions Judge, 1st Court, Purulia is under challenge before this Court in this revisional application.

(3.) Inter alia, the petitioner herein has contended that the learned Additional Sessions Judge failed to appreciate the evidence of the petitioner and her witness and that the impugned judgment is bad in law and liable to be set aside.