E G SHIVANANJAPPA Vs. SHANTHA ALIAS USHADEVI

JUDGEMENT

(1.) THIS criminal revision petition filed under Sections 397 and 401 of the Cr. P. C. is directed against the judgment dated 23-11-2002, in Cri. R. P. No. 194 of 2000, on the file of the I Additional District and Sessions judge, Tumkur, wherein the learned Sessions Judge had allowed the revision petition preferred by the wife and daughter of the husband -revision petitioner and had remanded the case to the Trial Court for disposal in accordance with law, challenging the legality and validity of the order impugned.

(2.) THE Court has heard the arguments of Sri S. K. Venkata Reddy, the learned Counsel for the revision petitioner-husband and Sri S. A. Sami, learned Counsel appearing for the respondents-wife and daughter.

(3.) THE learned Counsel for the revision petitioner-husband strenuously contended that the material on record clearly shows that the order impugned is illegal and improper. The learned Sessions Judge was not at all justified in arriving at the conclusion. The learned sessions Judge had totally not considered the provisions of Section 125 (3) of the Cr. P. C. The learned Counsel also contends that though there has been delay in filing the revision petition the same has been properly explained. Hence, the learned Counsel prays for allowing the revision petition.