27.03.2024 D.L.13 CRR 4828 of 2024 (PP) Ct.38 In the matter of : Ananda Hembram Mr. D.N. Chatterjee, Mr. Madhusudan Mandal …..for the petitioner. Mr. Subrata Bhattacharya, Ms. Shipra Santra ….for the opposite party no.1. Mr. D. N. Chatterjee, learned counsel appearing for the petitioner. Mr. Subrata Bhattacharya, learned counsel appearing for the opposite party no.1. The petitioner has filed the present application praying for quashing of the impugned judgment and order passed by the learned Additional Sessions Judge at Raghunathpur, District – Purulia dated 31st August, 2024 in Criminal Revision No.11 of 2024 wherein the learned Additional Sessions Judge modified the order dated 15th March, 2024 passed by the learned Judicial Magistrate, 2nd Court, Raghunathpur in Misc. Case No.84 of 2017 and directed the petitioner to pay the maintenance amount of Rs.7,000/- per month from the date of filing of the application under Section 125 of the Cr.P.C. Learned counsel for the petitioner submits that the learned Magistrate by an order dated 15th March, 2024 has directed the petitioner to pay the maintenance of Rs.10,000/- per month for the minor child through her mother Sumitra Hansda from the date of filing of the said case. Being aggrieved with the said order of the learned Magistrate, the petitioner has preferred a criminal revision before the learned Additional Sessions Judge, Raghunathpur, Purulia and the learned Additional Sessions Judge by a judgment dated 31st August, 2024 has disposed of the said revisional application by modifying the impugned order dated 15th March, 2024 passed by the learned Judicial Magistrate, 2nd Court, Raghunathpur by directing the petitioner to pay the maintenance amount of Rs.7,000/- in favour of the minor daughter through her mother within 7th day of each succeeding month instead of Rs.10,000/-. Learned counsel for the petitioner submits that the wife of the petitioner is also a government servant and is getting more salary than the petitioner and prays for modifying the order passed by the learned Additional Sessions Judge as well as the learned Magistrate by directing the petitioner to pay the maintenance from the date of the order instead of the date of the application. Learned counsel for the petitioner further submits that the opposite party has also initiated the execution proceedings claiming the arrears of maintenance of Rs.5,67,000/- up to the month of August, 2024. Learned counsel for the opposite party raises objection and submits that this is the second revisional application filed by the petitioner. He submits that being aggrieved by the order of the learned Magistrate, the petitioner has preferred the first revisional application before the learned Additional Sessions Judge, Raghunathpur, 2 Purulia and the learned Judge has already modified the order by reducing the maintenance amount of the minor daughter from Rs.10,000/- to Rs.7,000/-, and as such, the order passed by the learned Additional Sessions Judge is not required for any interference. Considered the submissions made by the learned counsel for the respective parties, this Court finds that the learned Additional Sessions Judge considering the facts and circumstances of the matter has modified the order of the learned Magistrate by reducing the maintenance of the minor daughter from Rs.10,000/- to Rs.7,000/-, and as such, this Court did not find any infirmity in the order passed by the learned Additional Sessions Judge, Raghunathpur, Purulia. As regard for modification of the order of maintenance from the date of order instead of from the date of application, this Court finds that the learned Magistrate on its discretion passed a reasoned order for grant of maintenance from the date of filing of application thus in the revisional jurisdiction it would not be proper to interfere with the reasoned order of the learned Magistrate which is also affirmed by the learned Additional Sessions Judge. The opposite party has already initiated an execution proceedings for recovery of arrears of maintenance amounting to Rs.5,67,000/-up till the month of August, 2024. Considering the above, this Court directs the petitioner to pay the arrears of maintenance of Rs.5,67,000/- in 5 (five) equal instalments from the month of April, 2025 and the first instalment shall be paid on 7th April, 2025 and 3 the petitioner is directed to pay continuously on 7th day of each month till the realization of the total arrears and the petitioner is further directed to continue to pay the monthly maintenance in addition to the arrear of maintenance. C.R.R. 4828 of 2024 is disposed of. Urgent photostat certified copy of this order, if applied for, be given to the parties upon compliance of all necessary formalities. (Krishna Rao, J.) 4