BALDAU SINGH Vs. NEETU SINGH

JUDGEMENT

(1.) The present petition has been filed under Sec. 482 of Cr.P.C. for recalling the order dtd. 4/7/2019 passed in CRR No. 1064/2017 whereby the maintenance amount was again enhanced to Rs.17,000.00 per month by modifying the order dtd. 27/9/2017.

(2.) Briefly stated facts of the case are that vide order dtd. 27/9/2017 passed by the learned Additional Principal Family Judge, Bilaspur in M.J.C. No. 279/2017, the maintenance amount payable to the present respondents was enhanced from Rs.10,000.00 to Rs.11,000.00 per month. Being aggrieved by this order, the respondents herein filed Criminal Revision bearing CRR No. 1064/2017 before this Court and this Court vide order dtd. 4/7/2019 (Annexure P/1) enhanced the maintenance amount to Rs.17,000.00 per month by modifying the order dtd. 27/9/2017. The order passed in CRR No. 1064/2017 was exparte order as the present petitioner did not receive the notice of the case, therefore he filed petition bearing Cr.M.P. No. 2187/2019 for recalling the order passed in Cr.R. No. 1064/2017. The same was decided on 2/12/2019 (Annexure P/2). The petitioner herein still maintains that summons was not served upon him or his family members. Criminal Revision bearing Cr.R. No. 1064/2017 was decided on 4/7/2019 but before that in afresh M.J. C. No. 345/2018 instituted on 17/9/2018, again the Court of Additional Principle Judge Family Court, Bilaspur vide order dtd. 27/3/2019 (Annexure P/3) enhanced the maintenance amount from Rs.11,000.00 to Rs.12,000.00 per month (which was enhanced on 27/9/2017). While deciding the criminal revision bearing Cr. R. No. 1064/2017, the order dtd. 27/3/2019 passed by the learned Additional Principal Judge Family Court, Bilaspur was not brought before this Court although the present respondents had full knowledge about the said order. Hence, this Criminal revision has been filed by petitioner for recalling the order dtd. 4/7/2019 passed in CRR No. 1064/2017.

(3.) Learned counsel for the petitioner submits that the order passed in M.J.C. No. 345/2018 was not brought before this Court. By filing fresh application u/s 127 of Cr.P.C. in M.J.C. No. 345/2018, the respondents herein have admitted the earlier order passed in M.J.C. No. 279/2017 and the same was challenged in criminal revision bearing Cr.R. No. 1064/2017. From the order dtd. 27/3/2019, there is no mention of criminal revision pending before this Court. In such circumstances, it can be presumed that the present respondents have accepted the earlier order passed in M.J.C. No. 279/2017 and when they have already accepted the order passed in M.J.C. No. 279/2017, they could not have challenged it at the same time by way of filing criminal revision bearing Cr. R. No. 1064/2017. This important material was not brought before this Court while deciding the criminal revision i.e. Cr.R. No. 1064/2017 and this important material goes to the root cause of the case, hence recalling of the order dtd. 4/7/2019 passed in Cr.R. No. 1064/2017 is necessary. Respondents have suppressed the material facts of the new order of enhancement passed in afresh application filed by them for enhancement and have obtained the order dtd. 4/7/2019 passed in CRR No. 1064 of 2017. As such, the order dtd. 4/7/2019 obtained by material suppression, needs to be recalled for proper adjudication of the case. The respondents have not approached before this Court with clean hand and by playing tricks have obtained the order dtd. 4/7/2019 as such, order dtd. 4/7/2019 needs to be recalled.