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2006 Supreme(Raj) 379

ARUN KUMAR BHATTACHARYA
IZHARUN KHATOON @ NESHA – Appellant
Versus
MAQSOOD @ MUKSUD ALAM – Respondent


Advocates Appeared:
GURUPADA DAS, HAFIZ-UR-REHMAN

Judgment


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 peoples 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 honble Mr. Justice N. A. Chowdhury.

( 3 ) MR. Das, Ld. Counsel for the petitioner, on referring the





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