District – South 24 Parganas.
IN
THE COURT OF THE LEARNED DISTRICT SESSION JUDGE AT ALIPUR, SOUTH 24-PARGANAS.
Criminal
Motion No.…………..of 2022.
In
the matter of :-
An application
under Section 399, and 397 of the Criminal Procedure Code’ 1973;
A N D
In the matter of :-
An application
against an order dated 05/07/2022, in a proceeding under Section 125 of the
Criminal Procedure Code’ 1973, being Misc. Case no. ACM – 659 of 2021, of the
Learned 4th Court of Judicial Magistrate, at Alipore, in the
District of South 24-Parganas, West Bengal;
A N D
In the matter of :-
Shri Subrata
Mondal, Son of Kartick Mondal, aged about 29 years, residing at Premises being
no. C/28, Jamuna Nagar, Police Station – Jadavpur, Kolkata – 700099, District
South 24 Parganas.
__________Petitioner.
-
Versus
–
1 : Shri Kartik
Mondal, Son of Late Shreekanto Mondal, aged about 60 years, residing at
Premises being no. C/28, Jamuna Nagar, Police Station – Jadavpur, Kolkata –
700099, District South 24 Parganas.
2 : The
State of West Bengal.
__________Opposite
Parties.
The humble Criminal
Revision Petition on behalf of the Petitioner, most respectfully;
Sheweth as under :-
1. That the petitioner appeared in
one Misc. Case no. ACM-659/2021, before the Learned 4th Court of
Judicial Magistrate at Alipore, South 24-Parganas, which has been initiated by
the opposite party no.1, against this petitioner, and whereas subsequently, the
petitioner filed his Written Objection petition against the interim maintenance
petition of the opposite party and thereafter the Learned 4th Court
of Judicial Magistrate, taken up the said Misc. Case for hearing and whereas on
and after hearing both side of the said Misc. Case matter, the Learned 4th
Court of the Judicial Magistrate, passed the necessary order dated 05/07/2022,
with a direction upon your petitioner to make the payment of Rs. 4,000/- (
Rupees Four Thousand ) only per month towards interim maintenance to the
opposite party herein, from the date of filing of the said Misc. Case.
2. That the Learned 4th
Court of Judicial Magistrate, Alipore, South 24-Parganas, passed the Order
dated 05/07/2022, in Misc. Case no. ACM – 659/2021, as to direct your
petitioner to pay Rs.4,000/- ( Rupees Four Thousand ) only per month towards
interim maintenance from the date of filling of the said Misc. Case, within 10
days of every month of English Calender.
3. That the Petitioner state and
submits that the Learned 4th Court of Judicial Magistrate, taking
all allegations into the consideration as alleged by the Opposite Party no.1,
herein though failed to take into account the allegations and facts as has been
enumerated and placed by your petitioner in the proceedings before the Learned 4th
Court of Judicial Magistrate, at Alipore, South 24 Parganas.
4. That the petitioner states and
submits that your Petitioner is presently aged about 29 years old, is only Son
of the Opposite Party, who married in the year 2019. The Petitioner is a
married person having his Spouse namely Smt. Aparna Mondal, and having a minor
male child in the year 2021, namely Sadhvik Mondal. The Petitioner have one
Elder Sister namely Smt. Tumpa Mondal, who married in the year 2010, and
thereafter she is staying at her matrimonial house at Santoshpur, Kolkata.
5. That the Petitioner states and
submits that the petitioner is looking after and caring his old aged mother
Smt. Putul Mondal, Grand Mother Smt. Raboti Mondal, who died recently, his
Father Sri Kartik Mondal, and his Wife and minor child, out of his earning as
Rs. 10,661/- ( rupees Ten Thousand and Six Hundred and Sixty One ) only.
6. That the Petitioner states and
submits that the Petitioner and his mother experienced much immoral behavior of
the Opposite Party in their life and still experiencing. The Opposite Party is
in illicit relationship with one lady, all along, therefore most of his earning
spend on his unwarranted choices. The opposite party did not take care of the
petitioner and his mother. The
petitioner followed his mother’s word and education to prevail the protection
and care of the family members without uttering any words to the opposite
party. The Petitioner’s income is much limited and on paper as given by the
Employer.
7. Being aggrieved by and
dissatisfied with the order dated 05/07/2022, passed by the Learned 4th
Court of Judicial Magistrate, Alipore, South 24-Parganas, vide Misc. Case no. ACM-659
of 2021, the petitioner prefer this revision application on the following
amongst other.
GROUND
I)
FOR
THAT the order of the Learned lower Court is improper, erroneous and otherwise
bad in law;
II)
FOR
THAT the order of Learned Lower Court is against the facts, circumstances and
probability of the case and is against the weight of evidence on record;
III)
FOR
THAT the order of Learned Lower Court is against the provision of Law being
based upon mere conjectures and surmises;
IV)
FOR
THAT the Learned 4th Court of Judicial Magistrate, taking all
allegations into the consideration as alleged by the Opposite Party no.1,
herein though failed to take into account the allegations and facts as has been
enumerated and placed by your petitioner in the proceedings before the Learned
4th Court of Judicial Magistrate, at Alipore, South 24 Parganas;
V)
FOR
THAT your Petitioner is presently aged about 29 years old, is only Son of the
Opposite Party, who married in the year 2019. The Petitioner is a married
person having his Spouse namely Smt. Aparna Mondal, and having a minor male
child in the year 2021, namely Sadhvik Mondal. The Petitioner have one Elder
Sister namely Smt. Tumpa Mondal, who married in the year 2010, and thereafter
she is staying at her matrimonial house at Santoshpur, Kolkata;
VI)
FOR
THAT the petitioner is looking after and caring his old aged mother Smt. Putul
Mondal, Grand Mother Smt. Raboti Mondal, who died recently, his Father Sri
Kartik Mondal, and his Wife and minor child, out of his earning as Rs. 10,661/-
( rupees Ten Thousand and Six Hundred and Sixty One ) only;
VII)
FOR
THAT the Petitioner and his mother experienced much immoral behavior of the Opposite
Party in their life and still experiencing. The Opposite Party is in illicit
relationship with one lady, all along, therefore most of his earning spend on
his unwarranted choices;
VIII) FOR THAT the opposite party did
not take care of the petitioner and his mother.
The petitioner followed his mother’s word and education to prevail the
protection and care of the family members without uttering any words to the
opposite party. The Petitioner’s income is much limited and on paper as given
by the Employer;
IX)
FOR
THAT the Learned Judicial Magistrate, ought to have rejected the prayer for
maintenance of the Opposite Party, considering the facts that there has been no
just cause or reason for claiming maintenance for himself;
X)
FOR
THAT the impugned order of the Learned Lower Court, is carrying much hardship
to the petitioner herein, as such the quantum of the maintenance is very high
and improper and beyond the ability of the petitioner herein, under the factual
circumstances;
XI)
FOR
THAT it is not permissible for any Magistrate under the Code to act contrary to
the provisions of the code;
XII) FOR THAT the order of the
Learned Judicial Magistrate, Alipore, South 24-Parganas, is illegal, irregular,
and improper, in view of facts and circumstances, and contravene the spirit of
the provisions of the legislature;
8. That the Petitioner seeks that
the said Order dated 05/07/2022, passed by the Learned 4th Court of Judicial
Magistrate, Alipore, South 24-Parganas, in Misc. Case no. ACM -659 of 2021, should be set aside and the interim
maintenance should be cancelled in the interest of Administration of Justice.
9. That the Petitioner states that
no other criminal revision petition has ever been filed either in this Learned
Court or in the Hon’ble High Court at Calcutta. This petition is first time in
this Learned Court seeking relief against the Order dated 05/07/2022, passed by
the Learned 4th Court of Judicial Magistrate, Alipore, South
24-Parganas, in Misc. Case no. ACM -659 of 2021.
10.
That
the Petitioner, enclosing herewith the Photostat Copy of of an application
under Section 125 Cr.P.C. praying for an order of interim maintenance allowance
with Notice and affidavit on assets and liabilities, and marked as Annexure –
“A”, Collectively.
11.
That
the Petitioner, enclosing herewith the Photostat copy of the Written Objection
of the Petitioner against the claim of interim maintenance, and affidavit of
assets and liabilities, and marked as Annexure –“B”, Collectively.
12.
That
the Petitioner, enclosing herewith the Original Certified Copy of the Order
dated 05/07/2022, passed in Misc. Case no. ACM-659 of 2021, by the Learned 4th
Court of Judicial Magistrate, Alipore, South 24 Parganas, for the kind
reference in consideration of the Learned Court.
13.
That
your petitioner, crave leave to adduce further or other grounds at the time of
hearing of this revisional application before the Learned Court.
14.
That
this application of revision made bona fide in the interest of administration
of justice.
On the ground
stated above and more to be urged at the time of hearing, it is, therefore,
prayed that your Honour may be graciously pleased to admit this revision
petition, call for record of the Court below and after hearing the parties, be
pleased to set aside the order of the Learned 4th Court of Judicial
Magistrate, Alipore, South 24-Parganas, dated 05/07/2022, in Misc. Case no. ACM-659/
2021, and to cancel the said order of interim maintenance and / or to reduce at
the tune of Rs. 1,000/- ( Rupees One Thousand ) only per month towards interim
maintenance till the adjudication over in Misc. Case no. ACM-659/ 2021, pending
before the Ld. 4th Court of Judicial Magistrate, at Alipore, South
24-Parganas, in the interest of administration of Justice;
and to stay the
operation of the impugned order dated 05/07/2022, passed by the Learned 4th
Court of Judicial Magistrate, at Alipore, South 24-Parganas, in Misc. Case no. ACM-659/
2021, till the disposal of this revision application, and to prevail the interest
of Administration of Justice;
And /or to pass
such other necessary order or further order or orders, as your Honour may deem,
fit, and proper for the end of justice.
And for this act of kindness,
the Petitioner, as in duty bound shall ever pray.
Verification
I, Subrata Mondal, being the
Revisionist, made this revision petition. I am fully acquainted and conversant
with the material facts as stated in the forgoing paragraphs and in grounds of
revision, and duly verified and sign, on the day ……………..of ……………2022, at Alipore
Judges’ Court.
Affidavit
I, Shri Subrata Mondal, Son of
Kartick Mondal, aged about 29 years, residing at Premises being no. C/28,
Jamuna Nagar, Police Station – Jadavpur, Kolkata – 700099, District South 24 Parganas, do hereby solemnly affirm and says as follows
:-
1. That I am the Petitioner herein
and as such I am fully conversant with the facts and circumstances of the Case.
I am competent to swear this affidavit.
2. That the facts stated in the
above revision petition are true to the best of my knowledge and belief, and
the rests are my humble submissions before the Learned Court.
DEPONENT
Identified
by me,
Advocate.
Prepared in my Chamber,
Advocate.
Dated : ………../…………2022.
Place : Alipore Judges’ Court.
NOTARY.
VAKALATNAMA
District
: South 24-Parganas.
In the Court of
the Learned District Session Judge, at Alipore, South 24-Parganas.
Cri. Motion no.
_________________of 2022.
Shri
Subrata Mondal, __________ Petitioner.
-
Versus
–
Shri
Kartick Mondal, and another ____________
Opposite Parties.
KNOW
ALL MEN by
these presents that I / We
Shri Subrata Mondal, Son of Kartick Mondal, aged about 29 years, residing at
Premises being no. C/28, Jamuna Nagar, Police Station – Jadavpur, Kolkata –
700099, District South 24 Parganas,
do hereby constitute and appoint the
under mentioned Advocate, Pleader, Vakils, jointly and each of them severally
to be pleader of take such steps and proceedings as may be necessary on my /
our behalf and for that purpose to make sign, verify and present all necessary
petitions, plaints, written statements and other documents and do nominate and
appoint or retain senior counsels, vakil, advocates and other persons, lodge and
deposits moneys and documents and other papers in the Ld. Court and the same
again withdraw and to take out of Court and to obtain or grant as the case may
be effectual receipts and discharge for the same and for all moneys which may
be payable to me / us in the premises. To enter into compromise with my / our
approval and withdraw, all moneys from the court AND GENERALLY to act in the premises and proceedings
arising there out whether by way of execution, review, appeal, or otherwise or
in any manner contested there with as effectually and to all intents and
purpose as I / We could act if personally present and such substitution and as
pleasure to revoke I / We hereby ratifying and agreeing to confirm whatever may
be lawfully done by virtue hereof.
In witness whereof this Vakalatnama
has been executed by me / us.
This the …………………day of ………………2022.
Sri
Ashok Kumar Singh, Advocate. High Court Bar Association Room No. 15, High Court
Calcutta. Mobile Number : 9883070666 / 9836829666, Email : aksinghadvocate@rediffmail.com
Sri
Pritam Das, Advocate.
Sri
Biplab Some, advocate.
Miss
Suchitra Chakraborty, Advocate.
