VENKATAPPA Vs. USHA RANI

JUDGEMENT

(1.) THIS petition is filed under Section 482 of Cr. P. C. , being aggrieved by the order dated 31. 7. 2004 passed by the Addl. sessions Judge, Fast Track court No. IV, Kolar, on I. A filed under section 311 of Cr. P. C. , whereby, the learned Session Judge has rejected the said application. Therefore, the petitioner herein has come up with this criminal Petition mainly on the ground that the order passed by the Court in rejecting the application filed by him under Section 311 of cr. P. C. , to permit him to adduce further evidence by producing the voter list is illegal and incorrect. The Revisional Court has got wide powers like an Appellate court including the power to take additional evidence and documents. If the said documents are very much required to decide the issue, it is the further contention of the petitioner that the first respondent married one sheriff. But the Trial Court namely the learned Magistrate, wrongly assessed the evidence. The revisional Court hag not entertained the application seeking permission to adduce additional evidence which was not filed at that time and the evidence is most relevant to prove the points/issue Nos. 1 to 3. Hence this petition.

(2.) THE brief facts leading to this case are that the respondents filed petition under Section 125 of cr. P. C. , for grant of maintenance before the JMFC, KGF in CMC. 53/97. After considering the legal evidence, the learned Magistrate has allowed the petition filed by the respondents vide order dated 18. 7. 2002 directing this petitioner to pay maintenance at the rate of Rs. 500/- p. m. to each of the respondents and respondents 2 and 3 are eligible to recover the maintenance at the said rate from the date of the petition till their attaining majority. since the petitioner has denied the relationship with Respondent No. 1 as his wife and the children born to him and the respondent-1 belongs to a Mohammedan Community, her name is Noorjahan the wife of one sheriff S/o Fakuruddin and the Sheriff has got the children namely as Yaza Pasha and Faiz Pasha through the 1st Respondent. His further contention is that he married one Lakshmi Devamma. In spite of that, the Magistrate has wrongly appreciated the evidence and allowed the CMC. 53/97 directing him to pay maintenance at the rate of Rs. 500/- p. m. to each of the respondent 1 to 3. Assailing the said order, he filed a Criminal Revision Petition No. 172/2002 on the file of the addl. Sessions Judge, Fast Track court No. IV, at Kolar. During the pendency of the said criminal Revision Petition, the petitioner has filed an application under Section 311 of Cr. P. C. requesting the learned Fast Track Court to recall the petitioner and permit him i. e. , RW-1 to adduce the further evidence by producing the certified copy of the Voters list pertaining to chikkaballapur Assembly segment to prove that first respondent is the wife of Sheriff S/o fakruddin and the said sheriff has a children by name Yaza Pasha and Faiz Pasha. But his prayer has been rejected by the learned sessions Judge by dismissing the I. A. which is a violation of principles of natural justice. Hence this petition.

(3.) HEARD the arguments of the learned Counsel for the petitioner and the learned Counsel for the respondents.