LAXMAN SINGH Vs. STATE OF UTTARANCHAL AND ANR.

JUDGEMENT

(1.) BY way of this petition under Section 482 of Code of Criminal Procedure the Petitioner has challenged the judgment and order dated 24 -11 -2003, passed by Special Judicial Magistrate, Didihat, District Pithoragarh in Criminal Case No. 23 of 2003 Smt. Durga Devi v. Laxman Singh as well as judgment and order dated 19 -7 -2004 passed by Sessions Judge, Pithoragarh in criminal revision No. 17 of 2003 Laxman Singh v. Smt. Durga Devi.

(2.) BRIEF facts of the case are that the Petitioner is the husband of Respondent No. 2. An application under Section 125 of Code of Criminal Procedure was filed by Respondent No. 2 on 10 -6 -1992 before Judicial Magistrate, 1st, Didihat, District Pithoragarh, for maintenance. The learned Magistrate allowed the application vide order dated 16 -4 -1998 and awarded the maintenance of Rs. 300/ - per month to Respondent No. 2. As the Petitioner could not make the payment of certain amount of maintenance to Respondent No. 2, therefore, Respondent No. 2 moved an application under Section 125(3) of Code of Criminal Procedure on 5 -12 -2000 in the court of Judicial Magistrate, Didihat, District Pithoragarh for recovery of Rs. 30,300/ -. This application was allowed vide order dated 24 -11 -2003 by the Judicial Magistrate and an order for recovery of a sum of Rs. 27,300/ - was passed. The Petitioner preferred a revision against the aforesaid order and the revisional court partly allowed the revision directing therein that Respondent No. 2 shall be entitled for a sum of Rs. 21,670/ - from the Petitioner and failing which the Petitioner shall have to go for simple imprisonment for a period of one year.

(3.) HEARD Sri Lokendra Dobhal, learned Counsel for the Petitioner, learned A.G.A. for Respondent No. 1 and perused the record.