- (1.) Leave granted.
(2.) Challenge in this appeal is to the order passed by a learned Single Judge of the Calcutta High Court in CRR No.970 of 2000 dated 19.1.2005 and order passed in the application for clarification or modification of the order dated 19.1.2005.
(3.) Background facts as projected by the appellant are as follows: Appellant and one Chandana entered into a wedlock on 16.2.1993 and were blessed with two sons. On 16.9.1995 respondent-Lipika filed a case no.320/95, under Section 125 of the Code of Criminal Procedure, 1973 (in short 'Code') claiming to be wife of the appellant and prayed for maintenance. The said case was filed in the Court of SDJM, West Bengal. On 9.7.1997, the said case was transferred to the Court of SDJM Suri, by order of learned CJM at Birbhum. On 13.8.1997 Chandana appeared before the SDJM, Suri and filed application for being impleaded in the proceedings. On 14.1.1998 learned SDJM passed an ex-parte order of maintenance in favour of the Lipika granting her maintenance @ Rs.400/- p.m. On 27.8.1999 Criminal Revision case No.308/99 was filed by the appellant against Lipika's misc. execution case no.413/1998 arising out of ex-parte order referred to above. The ex-parte order was set aside by the High Court and learned SDJM was directed to decide the matter afresh. On 10.1.2000 learned SDJM dismissed the application under Section 125 Cr.P.C. filed by Lipika holding that Chandana is the legally married wife of Tarak and Lipika is not legally married of the appellant. The revision petition filed by Lipika was allowed by the learned Single Judge in CRR No.970 of 2000 and the order of learned SDJM was set aside. There were certain directions given in the said petition, the correctness of which was questioned by the appellant by filing an application for modification/clarification. It was the specific stand of the appellant that the directions in question could not have been given i.e. to initiate departmental proceedings against the appellant. The said application was dismissed by the subsequent order dated 5.7.2006 holding that in view of the provisions of Section 362 of the Code the application was not maintainable.;