EKAMBARAM Vs. SELVI

JUDGEMENT

(1.) THE petitioner is the husband and the first respondent is the wife and respondents 2 and 3 are the minor children of the petitioner represented by guardian the first respondent. It is stated that the respondents herein filed an application under Sec. 125 of Criminal Procedure Code for maintenance in M. C. No. 7 of 1986 on the file of Chief Judicial Magistrate, vellore and the Chief Judicial Magistrate was pleased to grant a sum of Rs. 500 per mensem for all the three respondents and as the petitioner failed to comply with the order of the Magistrate for the period 18. 6. 1990 to 18. 12. 1990 for a sum of Rs. 3,000, a petition under Sec. 128 and read with Sec. 421 of Criminal procedure Code was filed by the respondents. THE petitioner herein has filed the above quashing petition Criminal O. P. No. 584 of 1991 to quash the Criminal m. P. No. 5182 of 1990 filed by the respondents now on the file of Judicial magistrate, Ambur.

(2.) IT is contended by the learned counsel for the petitioner that the petition under Sec. 128 read with 421 of Criminal Procedure code ought to have been filed only in the Court of Chief Judicial Magistrate, vellore which court alone has the jurisdiction as the petitioner resides within the jurisdiction of Chief Judicial Magistrate, Vellore and as such there is infirmity in the petition filed by the respondents under Sec. 128 of Criminal procedure Code and as such, the proceedings now pending before the Judicial magistrate, Ambur ought to be quashed.