KUKU RAM Vs. RAM BETI

JUDGEMENT

(1.) This is a petition under Article 227 of the Constitution of India read with Section 482 Cr.P.C for quashing/ modifying the order dated 11.9.2009 of learned ASJ which was passed in a revision petition filed by the petitioner against the order passed by learned MM granting maintenance of Rs.6,000/- to the respondent under Section 127 Cr.P.C per month.

(2.) The said revision petition was filed before the learned ASJ challenging the order of learned MM under Section 127 Cr.P.C on various grounds. However, the learned ASJ after hearing the parties was of the view that the revision petitioner must deposit the entire amount of interim maintenance as passed by learned MM up to the date of filing of the revision petition. He adjourned the matter to 7.10.2009 for the petitioner to do the needful and to comply the order of learned MM to deposit the entire amount of maintenance. Arriving on this conclusion, the learned ASJ referred to the directions of this Court as made in Crl. MC No.3089/2008 and Crl.MA 11390/2008 on 26.2.2009 in the case of "Rajeev Parinja v. Sarika and others. The said directions which were reproduced by learned ASJ are as under:

(3.) From the perusal of the impugned order, it is seen that the learned ASJ has, instead of proceeding to hear the revision petition on merits, has granted opportunity to the petitioner to comply the order of learned MM and deposit the entire amount of maintenance upto the date of filing of the revision petition in terms of the aforesaid directions of this Court.