Stay application in Criminal Revision

 

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 for stay of the impugned 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 4^th Court of Judicial Magistrate, at Alipore, in the District of South 24-Parganas, West Bengal;

Stay Application

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 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 4^th 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 4^th 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 4^th 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 4^th 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 4^th 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 4^th 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 4^th Court of Judicial Magistrate, Alipore, South 24-Parganas, vide Misc. Case no. ACM-659 of 2021, the petitioner preferred this revision application.

 

8. That the Petitioner seeks stay of operation or effect of the impugned order dated 05/07/2022, passed in Misc. Case No. ACM-659/2021, by the Learned 4^th Court of Judicial Magistrate, Alipore, South 24 Parganas, till disposal of the Revision application before the Learned Court, in the interest of administration of Justice.

 

9. That unless the Learned Court grant stay of the impugned Order dated 05/07/2022, passed in Misc. Case no. ACM-659/2021, by the Learned 4^th Court of Judicial Magistrate, Alipore, South 24 Parganas, the Petitioner will highly prejudice and suffer with irreparable loss and injury, thereof.

 

10. That the preponderance of balance of convenience and inconveniences are in favour of the petitioner and the Opposite Parties will not prejudice.

 

11. That the Petitioner, enclosing herewith the Photostat Copy of the Order dated 05/07/2022, passed in Misc. Case no. ACM-659 of 2021, by the Learned 4^th Court of Judicial Magistrate, Alipore, South 24 Parganas, for the kind reference in consideration of the Learned Court, and marked as Annexure “C”.

 

12. 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 stay the operation of the impugned order dated 05/07/2022, passed by the Learned 4^th 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.