ABHINAV KUMAR Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By virtue of substitution made by Act No. 50 of 2011, Sub-section (2) of Section 125 of the Cr.P.C. was substituted. By virtue of the substitution made under Sub-section (2) of Section 125 of the Cr.P.C., it granted the powers to the Magistrate concerned dealing with the application under Section 125 of the Cr.P.C. to consider the grant of allowance for "maintenance"? or "interim maintenance"? and expenses for proceedings, which are payable from the date of the order as passed by the Court or from the date of application. Section 125 (2) of the Cr.P.C. reads as under :-

(2.) In order to proceed further on the question, which has been raised by the respondents, pertaining to the maintainability of a Criminal Revision under Section 397 to be read with Section 401 of the Cr.P.C., as against the grant of interim maintenance, under Sub-section (2) of Section 125 of the Cr.P.C., a dichotomy has to be made to Sub-section (2) of Section 125 of the Cr.P.C. first so as to draw its logical inference. The determination as contemplated under Sub-section (2) of Section 125 of the Cr.P.C. has to be splitted its determination into two stages; (1) the maintenance at first stage, with which, we are not concerned at this present moment; (2) the interim maintenance, with which, we are concerned to adjudicate upon in the instant case, in view of the objection raised by respondent No.2, regarding the maintainability of the Criminal Revision against grant of interim maintenance under Sub-section (2) of Section 125 of the Cr.P.C.

(3.) If the provisions of Sub-section (2) of Section 125 of the Cr.P.C. is read harmoniously with its intention and purpose, for which, it has been inserted to be achieved the latter on being substituted under Sub-section (2) of Section 125 of the Cr.P.C., in either of the circumstances, either determination of maintenance or either determination of the payment of interim maintenance, it imposes an ultimate liability of payability on the person concerned, against whom the order has been passed or the quantum is determined.