PRASANTA KUMAR Vs. STATE OF WEST BENGAL

JUDGEMENT

(1.) Delay condoned.

(2.) Leave granted.

(3.) On a petition under Section 125, Cr.P.C. filed by the wife-respondent No. 2, the 3rd Judicial Magistrate, Alipur directed maintenance @ Rs. 800/- for the wife-respondnt No. 2 and @ Rs. 800/- for the child of the parties to be paid by the husband-appellant before us. This order was an ex parte order. The appellant moved an application under Section 126(2), Cr.P.C. seeking setting aside of the ex parte order and giving the appellant an opportunity of contesting the petition under Section 125, Cr.P.C. on merits. One of the pleas raised in the application was that the Magistrate did not have jurisdiction under Section 125, Cr.P.C. to grant maintenance at a monthly rate exceeding Rs. 500/-. It appears that this application was not pursued and therefore came to be dismissed. The appellant preferred a criminal revision under Section 397, Cr.P.C. before the Sessions Judge, which was dismissed. The appellant preferred further revision, also invoking the inherent powers of the High Court, to interfere with the order of the learned Sessions Judge and the learned Judicial Magistrate. By order dated 1-3-1999, the revision application preferred by the appellant has been directed to be dismissed on the ground that it being a second revisional application, was not maintainable before the High Court.