- (1.) THIS revision petition is directed against the order dated 31. 1. 85 by which the learned Judicial Magistrate, september ordered attachment of salary of the present petitioner no Miss Case No. 306 of 1975. The following is the order which is under challenge : - Let the attachment order of salary of the CP. Cora Chand has be issued for realisation of arrear maintenance allowance amounting to Rs. 16,150. 00 and for realisation of current maintenance allowance @ 150/- P. M. payable by the O. P. in favour of the petitioner Gita Ram Das alias Bhattacharjee. The employees of the o. P is hereby directed "to deduct Rs. 150/- p. m. as current maintenance" allowance and Rs. 100/- p. m. towards the arrear maintenance amounting to total sum of Rs. 250/-p. m. and remit the said amount in favour of the petitioner Sm. Gita Rani Das alias Bhattacharjee after deducting the M. O. charge with an intimation to the Court.
(2.) IT is submitted on behalf of the petitioner that the order of attachment of the salary is illegal and not contemplated under section (a) of the Code of Criminal Procedure and the learned Magistrate has committed an illegality by ordering such attachment of salary. In "support, the petitioner has submitted before this Court a Xerox copy of the judgment of Shamsuddin Ahmed 3 (unreported) in Criminal revision No. 1099 of 1985. Ganga Bishnu v. Sm. Sabitri Debi, by which the learned Judge set aside the order of attachment of salary made by the learned Magistrate in execution of the maintenance order.
(3.) IT is submitted on behalf of the petitioner that the future salary payable to the present petitioner month by month is not a corporal movable property and consequently. , clause (a) of section 421 of the code is not attracted and the order of attachment of salary as passed by the learned Magistrate is illegal.;