SK BASIR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) THE revisional application under section 482 of the Code of Criminal procedure (hereinafter called the Code) has been filed by the petitioner praying for quashing the proceeding being Misc. Execution Case No. 40 of 1999 now pending in the Court of the learned Judicial Magistrate, 2nd Court, Uluberia and all orders passed therein.

(2.) MR. Siladitya Sanyal, the learned advocate appearing for the petitioner submitted that the O. P. No. 2 filed an application under sections 3 and 4 of the Muslim Women (Protection of Rights on Divorce)Act (hereinafter called the Act) before the then learned Sub-Divisional judicial Magistrate (in short the SDJM), Uluberia which was registered as Misc. Case No. 117 of 1996. The Misc. Case was allowed ex parte on 15. 9. 98 and the learned Magistrate directed the petitioner to pay rs. 1500/- per month to the divorced wife O. P. as maintenance for the "iddat" period and further directed to pay 1186 'chandi' to her. It was further directed by the learned Magistrate to pay the said 'chandi' and maintenance for the 'iddat' period within 10 equal instalments. The petitioner being very poor and devoid of any means could not make the aforesaid payment for which the O. P. wife filed the Misc. Execution case No. 40 of 1999. An warrant of arrest was issued against the petitioner and he was arrested on 19. 10. 01 and was taken into custody for his failure to make payment of the arrear maintenance. The petitioner moved this Court in an application for bail which was numbered as CRM No. 4181 of 2001 and by order dated 3. 12. 01 Sujit barman Roy, J. (as His Lordship then was) disposed of the application with direction that the petitioner shall be released after he pays entiere amount of arrear of maintenance to the O. P.

(3.) MR. Sanyal thereafter contended that the petitioner filed an application before the learned Sessions Judge, Howrah and the same was numbered as Criminal Misc. Case No. 139/02. The learned sessions Judge by his order dated 20. 3. 02 observed that when the petitioner has already sent the money through money order and as the petitioner was in custody since September, 2001 the petitioner's prayer for release should be favourably considered and he should be released forthwith. The learned Sessions Judge directed the learned judicial Magistrate, 2nd Court, Uluberia for necessary action and, the learned Judicial Magistrate by his order dated 17. 5. 02 observed that since the petitioner has complied with the order passed by this Court, the proceeding should be dropped and, the learned Magistrate accordingly dropped the Misc. Execution Case. Challenging the said order the divorced wife preferred criminal revision being CRR No. 1995 of 2002 and this Court by order dated 30th April, 2003 disposed of the said revislonal application observing that the learned Sessions Judge, howrah and the learned Judicial Magistrate, 2nd Court, Uluberia acted with irregularity by dropping the case. It was observed by this Court that as this petitioner did not make payment of 1186 'chandi' the direction of this Court passed earlier in CRM No. 4181 of 2001 was not fully complied with. This Court set aside the order of the learned judicial Magistrate dated 17. 5. 02 and directed the learned Magistrate to proceed with the execution case.