Nripendra Kumar Bhattacharyya, J. - (1.)By this revision, the husband-petitioner has challenged the order dated 22nd November, 1974 passed by the learned S.D.J.M., Basirhat, 24-Parganas (North) in connection with Case No. M-128/87.
(2.)The short back-ground of the case is that in a proceeding under Section 125 of the Cr.P.C., the husband-petitioner herein cited the Sub-Postmaster, Katihar Post Office as one of his witnesses. Summons was duly served upon the said Sub-Postmaster, Katihar Post Office and also on the Head of the Office. Both of them received the summons. In spite of receipt of summons, the Sub-Postmaster, Katihar Post Office did not appear before the Court.
(3.)The learned Magistrate on a view that the case is a quasi-civil in nature, held that it is the duty of the petitioner or the party, who cited the presence of his witness, to produce him before the Court and on such finding, he refused to take further action in this matter and closed the evidence of the opposite party. This order is the subject matter of challenge before this Court.
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