- (1.) This revisional application under Section 401 of the Code of Criminal Procedure, 1973 read with Section 482 of that Code has been filed by two petitioners Biswajit Murmu and Ava Murmu, the son and mother respectively as petitioners against the State of West Bengal and Smt. Moumita Murmu as opposite parties challenging the judgment and order dated 11.04.2014 passed by learned District and Sessions Judge, Suri, District Birbhum in Criminal Appeal No. 16 of 2013. Contending inter alia, the petitioners have contended that the impugned judgment has caused abuse of process of Court due to non-application of judicial mind for passing the impugned judgment and is bad in law, without jurisdiction and liable to be set aside.
(2.) By the said judgment learned District and Sessions Judge, Suri has partly affirmed by modification of a judgment dated 28th March, 2013 passed by learned Chief Judicial Magistrate, at Suri District Birbhum in C. Case No. 438 of 2009 under Sections 9 (b) and 37 (2) (C) of the Protection of Women from Domestic Violence Act, 2005. Said case was filed in the Court of learned Chief Judicial Magistrate, Birbhum at Suri.
(3.) In the judgment passed by learned Chief Judicial Magistrate, Birbhum at Suri the present petitioner No. 1 as Opposite Party in that case was directed to pay maintenance allowance of Rs.6000/- per month to his wife petitioner Moumita Murmu (Mondal) (Opposite Party No. 2 herein) and to pay compensation of Rs.4,00,000/- to ;her in two equal instalments and to return Stridhan articles of the Opposite Party No. 2 of this case as per list or to pay Rs.3,00,000/- to her and also to arrange rented accommodation for her within Bolpur city and to pay house rent, electricity charges thereof as per tenancy agreement. Protection order was also passed in favour of the wife Opposite Party No. 2 against the present petitioner exercising power of learned Magistrate under the provisions of The Protection of Women from Domestic Violence Act, 2005.;