JUDGEMENT
ASHIM KUMAR ROY, J. -
(1.) THE learned advocate for the petitioner submitted that in
connection with a proceeding under Section 125 of the Criminal
Procedure Code being Misc. Case No. 277 of 2007, the learned
Judicial Magistrate, 4th Court, Hooghly by an ex parte order directed
the petitioner to pay interim maintenance @ Rs.12,000/ - per month
to the wife -opposite party.
(2.) IT is further submitted against the ex parte order an application under Section 126 of the Criminal Procedure Code was filed before
the court concerned. It is further submitted during the pendency of
that application, the wife -opposite party filed an Execution Case for
realisation of arrear amount. It is further submitted that challenging
the said order passed in connection with the Execution Case, the
petitioner moved a criminal revision before the learned Sessions
Court with an application for condonation of delay. The learned
Sessions Judge declined to condone the delay and rejected the
application filed under Section 5 and the revisional application. It is
then submitted that challenging the said order, petitioner is now
before this court.
It is then submitted, presently, the order of the Sessions Court is not challenged and it is only prayed that the learned Judicial Magistrate, 4th Court, Hooghly be directed to dispose of the petitioner's application under Section 126 of the Criminal Procedure Code pending before him at once.
Having regard to above, this application so far that relates to the order passed by the learned District & Sessions Judge, Hooghly in
connection with the Criminal Motion No. 204 of 2013 is concerned,
stands dismissed as not pressed.
(3.) I , however, direct the learned Judicial Magistrate, 4th Court, Hooghly before whom the application under section 126 CrPC is
pending to dispose of the same in accordance with law as
expeditiously as possible preferably within six months from the date
of communication of this order.;
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