Arun Kumar Bhattacharya, J. - (1.) A short paragraph might perhaps have been enough for disposal of the present case, but a short-cut is a wrong-cut where people's justice is involved, and so it persuaded my pen to enter into a bit detail, but before I open the discussion, the background history leading to the above application need be stated: The second wife of the petitioner viz. Izharun Khatoon @ Nesha obtained an order of maintenance @ Rs.400/- p.m. under section 125 Cr.PC on 26.07.2000 against the petitioner in M. R. Case No. 100/94 from the Court of ld. SDJM, Islampur which was set aside in Criminal Revision No.8/2000 by the ld. Additional Sessions Judge, Islampur on 26.04.2001 on the basis of an observation of the ld. SDJM, Islampur in a judgment in G. R. Case No.57/92 under sections 323/498A IPC that the de facto complainant is not a married wife of accused/ O.P. The above order was reversed by this Court in CRR No. 1442 of 2001 on 04.02.2002.
(2.) The petitioner has sought for recalling and modification of the said order dated 04.02.2002 passed by the Hon'ble Mr. Justice N. A. Chowdhury.
(3.) Mr. Das, ld. Counsel for the petitioner, on referring the cases of Pranab Kumar Chakraborty vs. Kumkum Chakraborty, reported in 2005(4) CHN 146 and Indian Charge Chrome Ltd. vs. Union of India, reported in 2005(3) Supreme 460, contended that as there are certain errors apparent on the face of the record, his client has sought for recalling and modification of the above order of this Court. Mr. Rahaman, ld. Counsel for the O.P., on the other hand, submitted that the marriage between the parties having been duly proved which has been elaborately discussed, the present application having no merit deserves to be dismissed.;