SHAILESHKUMAR DHANJIBHAI GOHIL Vs. STATE OF GUJARAT

JUDGEMENT

(1.) Heard Mr.Ketan Acharya, learned Advocate appearing on behalf of the applicant, Mr.M.R.Mengdey, learned A.P.P. appearing on behalf of respondent No.1 and Mr.Harshit Tolia, learned Advocate appearing on behalf of respondent No.2.

(2.) By way of this petition, under Article 227 of the Constitution of India, the petitioner has prayed for an appropriate Writ, direction and order quashing and setting aside the order dated 12.03.2004 passed by the learned J.M.F.C., Dhari in Misc. Criminal Application No. 157 of 2003 enhancing the amount of maintenance from Rs.300/- to Rs.2500/-. It is also further prayed to quash and set aside the order dated 29.10.2005 passed by the learned Additional Sessions Judge, Amerli in Criminal Misc. Application No. 233 of 2005 in not condoning the delay in preferring the Revision Application challenging the order passed by the learned J.M.F.C., Dhari referred to herein above.

(3.) Considering the fact that this Court proposes to remand the matter to the learned Additional Sessions Judge for considering the Revision Application on merits, this Court is not considering the prayer of the petitioner to quash and set aside the order dated 12.03.2004 passed by the learned J.M.F.C., Dhari in Misc. Criminal Application No. 157 of 2003 as the same would be subject matter of the Revision Application before the learned Additional Sessions Judge. It is the contention on behalf of the petitioner that order dated 12.03.2004 passed by the learned J.M.F.C., Dhari in Misc. Criminal Application No. 157 of 2003 was ex-parte order and was passed without giving any opportunity to the petitioner and as soon as the petitioner came to know about the same, the petitioner preferred Revision Application before the learned Revisional Court. However, in the meantime, there was delay and, therefore, Criminal Misc. Application was filed for condoning delay, which has been dismissed by the learned Revisional Court.