Criminal Revision

 

 

 

 

District : South 24 Parganas.

IN THE COURT OF THE LEARNED DISTRICT SESSION JUDGE AT ALIPORE, SOUTH 24 PARGANAS

Criminal Revisional Jurisdiction

 

 

                                                          Cr. Motion no. _____________of 2020

 

                                                          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 27^th September’ 2019, passed by Smt. A. Chatterjee, Judicial Magistrate, 3^rd Court, Alipore, South 24 Parganas, in A.C.M. Case no. 834 of 2018, under Section 125 of the Criminal Procedure Code’ 1973;

 

AND

 

 

 

 

 

 

 

In the matter of :

 

Md. Shakil @ Md. Aqeel Asrari, Son of Md. Ayub Asrari, of T-170, Mitha Talab, Post Office – Badartala, Police Station – Rajabagan, Kolkata - 700013.

                   _________Revisionist.

 

-          Versus –

 

1.   Saba Afreen, Wife of Md. Shakil @ Md. Aqeel Asrari, daughter of Md. Shabbir, presently residing at Z-5/238/70A, Bagdi Para Road, Post Office – Badartala, Police Station – Nadial, Kolkata - 700044, District – South 24 Parganas.

 

2.   The State of West Bengal

                       _____Opposite Parties

 

The humble petition of Criminal Revision on behalf of the Revisionist / Petitioner, most respectfully;

 

Sheweth as under :

 

1. That an application under Section 125 of Criminal Procedure Code’ 1973, has been filed by the Opposite Party no.1, herein, Vide Case no. ACM Case No. 834 of 2018, wherein she claiming her interim maintenance from her alleged husband Revisionist as of Rs. 30,000/- ( Rupees Thirty Thousand ) only per month for herself before the Learned 3^rd Court of Judicial Magistrate, at Alipore, South 24 Parganas.

 

2. That the said interim application under Section 125 of Cr.P.C. has been heard by the Learned Judicial Magistrate, 3^rd Court, at Alipore, South 24 Parganas, and whereas the Revisionist has filed his Written Objection therein, and thereafter the Learned Judicial Magistrate, 3^rd Court, at Alipore, South 24 Parganas, passed necessary order as on 27^th day of September’ 2019.

 

3. Being aggrieved by and dissatisfied with the Order dated 27^th day of September’ 2019, passed by Smt. A. Chatterjee, Judicial Magistrate, 3^rd Court, Alipore, South 24 Parganas, in A.C.M. Case no. 834 of 2018, under Section 125 of the Criminal Procedure Code’ 1973, the Revisionist / Petitioner prefer this Criminal 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 the 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 provisions of Law being based upon mere conjectures and surmises;

 

IV)         FOR THAT the Learned Lower Court did not consider the spirit of the provisions of Section 125 of the Criminal Procedure Code’ 1973, nor consider the factual aspects of the Revisionist / petitioner seeking for the dismissal of such application;

 

V)           FOR THAT the then the Revisionist was engaged as an Ordinary Labour in Dubai, and thereby earning as of INR 8,000/- ( Rupees Eight Thousand ) per month, and whereas the Revisionist taken leave of one month for his marriage in his services at Dubai, therefore the Revisionist was with the Opposite Party no.1, for the period of one month only in India, at Kolkata and thus the Revisionist departed Country on 11-03-2017, for his Service in Dubai. During such period the Opposite Party no.1, and the Revisionist stayed and live together as husband wife, and due consummation performed by and between them;

 

VI)         FOR THAT while the Revisionist was in Dubai, he used to send money separately to the Opposite Party no.1, via western union money transfer and other available modes as permissible in our country, thereof;

 

VII)        FOR THAT the Revisionist consisting family member having old aged father, mother, one unmarried Sister, and one Divorcee Sister with her one minor male child, and therefore the Revisionist assailed his moral duty to look after his family member, who particularly old aged dependent and unmarried Sister, and thus the Revisionist in his meagre earning accommodated need of each and every family member particularly the basic need of their livelihood;

 

VIII)      FOR THAT the Revisionist back to Kolkata, India only on 2^nd day of July’ 2018, and thus since the period commencing from 11^th day of March’ 2017 to the day of 2^nd July’ 2018, the Revisionist was not in Kolkata and he was in Dubai in his services as Ordinary Labour, and thereby in his meagre earning accommodate need of his family members;

 

IX)         FOR THAT the Opposite Party no.1, using whatsapp and facebook, wherein contain so money photograph in such duration, while the revisionist was in Dubai, more particularly in the month of July’ 2017, then the revisionist while seeing such posts with another guys, asked the opposite party no.1, then the opposite party no.1, got aroused and did not answer on his query, however after few days, the opposite party no.1, went to her parental house on plea to her normal visit to meet with her parents, and thereafter She did not return to her matrimonial home;

 

X)           FOR THAT the Opposite Party no.1, withdrawn herself from the society of the revisionist at her own whims and without any sufficient cause thereof, and consequently insisting for Divorce to the revisionist, herein;

 

XI)         For that this is the Opposite Party no.1, who lead adulterous life with some other guys as apprehended in given circumstances, and for such circumstances she withdrawn herself from the society of the revisionist.

 

XII)       FOR THAT Since the Opposite Party no.1, failed to perform her matrimonial bondage with the revisionist and his family members, she failed to ask for anything which may be permissible to a prudent wife;

 

XIII)      FOR THAT Since 2^nd day of July’ 2018, to till presently, the Revisionist is without any job and unemployed and thus in much hardship to run his family including himself and therefore dependent on his friend, relatives, and other member of his society, who time and again are trying to help him out;

 

XIV)     FOR THAT the Learned Lower Court did not consider and nor even apply judicial mind in granting and fixing the quantum of maintenance;

 

XV)       FOR THAT the Learned Judicial Magistrate, ought to have rejected the prayer for maintenance of the Opposite Party no.1, considering the facts that there has been no just cause or reason for living separately and claiming maintenance for herself;

 

XVI)     FOR THAT the impugned order of the Learned Lower Court, is carrying much hardship to the Revisionist / petitioner herein, as such the quantum of the maintenance is very high and improper and beyond the ability of the Revisionist / petitioner herein, under the factual circumstances;

 

XVII)    FOR THAT it is not permissible for any Magistrate under the Code to act contrary to the provisions of the Code’ 1973;

 

XVIII)  FOR THAT the order dated 27^th September’ 2019, passed by Smt. A. Chatterjee, Judicial Magistrate, 3^rd Court, Alipore, South 24 Parganas, in A.C.M. Case no. 834 of 2018, under Section 125 of the Criminal Procedure Code’ 1973, was illegal, irregular, and improper, in view of facts and circumstances, and contravene the spirit of the provisions of the legislature.

 

4.     That the Revisionist petitioner seeks that the said order dated 27^th September’ 2019, passed by Smt. A. Chatterjee, Judicial Magistrate, 3^rd Court, Alipore, South 24 Parganas, in A.C.M. Case no. 834 of 2018, under Section 125 of the Criminal Procedure Code’ 1973, should be set aside, in the interest of administration of justice.

 

5.     That the Revisionist Petitioner states that no other Criminal revision petition has ever been filed either before the 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 27^th September’ 2019, passed by Smt. A. Chatterjee, Judicial Magistrate, 3^rd Court, Alipore, South 24 Parganas, in A.C.M. Case no. 834 of 2018, under Section 125 of the Criminal Procedure Code’ 1973.

 

6.     That the Revisionist Petitioner, enclosing herewith the Original Certified Copy of the Order dated order dated 27^th September’ 2019, passed by Smt. A. Chatterjee, Judicial Magistrate, 3^rd Court, Alipore, South 24 Parganas, in A.C.M. Case no. 834 of 2018, under Section 125 of the Criminal Procedure Code’ 1973, for the kind references of the Learned Court.

 

7.    That the Opposite Party Petitioner Crave leave to argue the law points as well as facts and to produce the relevant documents and papers at the time of hearing of this Revision petition, before the Learned Court.

 

8.    That this application of revision made bonafide in the interest of justice.

 

 

On the ground stated above and more to be argued at the time of hearing, it is, therefore, prayed that Your Honour may graciously be 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 dated 27^th September’ 2019, passed by Smt. A. Chatterjee, Judicial Magistrate, 3^rd Court, Alipore, South 24 Parganas, in A.C.M. Case no. 834 of 2018, under Section 125 of the Criminal Procedure Code’ 1973, and to stay the operation of the impugned order dated 27^th September’ 2019, passed by Smt. A. Chatterjee, Judicial Magistrate, 3^rd Court, Alipore, South 24 Parganas, in A.C.M. Case no. 834 of 2018, under Section 125 of the Criminal Procedure Code’ 1973, 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, within named Revisionist Petitioner, made this criminal revision petition. I am acquainted and conversant with the material facts, as stated in my revision application, and duly verified on the _____________2020, at Alipore Judges’ Court, Alipore, South 24 Parganas.

 

 

 

 

Md. Shakil @ Md. Aqeel Asrari

 

Identified by me,

 

Advocate.

Prepared in my Chamber,

 

Advocate.

 

Dated : _____________________2020.

Place : Alipore, South 24 Parganas.

 

 

 

 

 

 

 

 

 

 

 

Affidavit

 

 

I, Md. Shakil @ Md. Aqeel Asrari, Son of Md. Ayub Asrari, aged about ____years, by faith Muslim, by Occupation unemployed, residing at premises being no. T-170, Mitha Talab, Post Office – Badartala, Police Station – Rajabagan, Kolkata - 700013, District – South 24 Parganas, do hereby solemnly affirm and says as follows :

 

1 : That I am the Revisionist petitioner and as such I am fully conversant with the facts of the Case, and I am competent to swear this affidavit.

 

2 : That the contents of paragraph no. ______to ______, are true to my knowledge and belief, and the rests are my humble submissions before the Learned Court.

 

The above statements are true to my knowledge and belief.

 

 

 

Deponent

 

Identified by me,

 

 

Advocate.

 

 

Prepared in my Chamber,

 

 

Advocate.

 

Dated : _____________________2020.

 

Place : Alipore, South 24 Parganas.

 

 

N O T A R Y

 

 

 

 

 

VAKALATNAMA

 

District : South 24-Parganas.

In the Court of the Learned District Session Judge, at Alipore, South 24-Parganas.

 

Cri. Motion no. _________________of 2020.

 

Md. Shakil @ Md. Aqeel Asrari,                   __________Revisionist

 

-          Versus –

 

Saba Afreen, and others                              _________Opposite Parties.

 

KNOW ALL MEN by these presents that I / We Md. Shakil @ Md. Aqeel Asrari, Son of Md. Ayub Asrari, of T-170, Mitha Talab, Post Office – Badartala, Police Station – Rajabagan, Kolkata - 700013,

 

   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 ………………2020.

 

 

Sri Ashok Kumar Singh, Advocate. 

Sri Rabindra Nath Das, Advocate.

Sri Biplab Some, Advocate.

Miss Mou Biswas, Advocate.