PADMANABHAN Vs. NAGAJOTHI

JUDGEMENT

(1.) (Petition under Section 482 of the Code of Criminal Procedure.) This petition has been filed to call for the records relating to the order, dated 21.09.2006, made in C.R.P.No.76 of 2006, on the file of Additional District Court/Fast Track Court No.I, Erode, confirming the order, dated 19.06.2006, made in C.M.P.No.749 of 2006 in M.C.No.44 of 2005 on the file of Chief Judicial Magistrate, Erode, and set aside the same.

(2.) PETITIONER is respondent in M.C.No.44 of 2005, in which his wife, first respondent, and, daughter, second respondent, are complainants, who claimed maintenance from him under Section 125 Cr.P.C. In the said case, an ex parte order was passed on 28.11.2005, on account of non-appearance of the petitioner. Thereafter, the petitioner preferred C.M.P.No.749 of 2006 on 25.04.2006, to set aside the ex parte order and the said petition suffered dismissal on 19.06.2006. Aggrieved over the said order, the petitioner carried the matter in revision before the Fast Track Court No.I, Erode, in C.R.P.No.76 of 2006, which also met with the same fate i.e., dismissal. Hence, the petitioner is before this Court with this petition.

(3.) THE Hon'ble Supreme Court was of the opinion that petition under Section 482 Cr.P.C. could not be made a substitute for a second revision, which is prohibited by statute.