ATHIYANNAN Vs. ATHAYEE

JUDGEMENT

(1.) THIS is a petition under Sec.482 of the Code of Criminal Procedure.

(2.) THE respondents, the wife and child of the petitioner approached the Sub Divisional Judicial Magistrate, Sankari, for obtaining maintenance to the tune of Rs.500 for the wife and Rs.300 for child from the husband, under Sec.125 of the Code of Criminal Procedure. THE petitioner herein remained ex parte and an order was passed by the Magistrate granting maintenance as prayed for.

(3.) A petition under Sec.482, Criminal Procedure Code can be filed to enable this Court to make such orders as may be necessary to give effect to any order under the Code, or to prevent abuse of process of any Court or otherwise to secure the ends of justice. The present petition obviously does not come under any of the first two categories. Further, as per Sec.397(3), Criminal Procedure Code, when a person has preferred a revision petition either to the High Court or to the Sessions Judge, no further application by the same person shall be entertained by the other of them. Therefore, there is a clear bar in the Code for the petitioner to file a revision.