CHAND BABU Vs. SMT. AKHTARI BEGUM

JUDGEMENT

(1.) THIS is a petition under Section 482 Cr.P.C., for quashing the application dated 12.5.1981 moved by Smt. Akhtari Begum and the order dated 5.1.83 passed by the Judicial Magistrate, Bulandshahr in case No. 231 of 1981 (Akhtari Begum v. Chand Babu). Smt. Akhtari Begum who is opposite party in this application, moved an application under Section 125 Cr.P.C., claiming maintenance from the petitioner. The Judicial Magistrate 1st Class, Bulandshahr allowed maintenance and passed a final order dated 28.8.79 under Section 125 Cr.P.C. allowing maintenance to Smt. Akhtari Begum at the rate of Rs. 200/ - p.m. This is the order under challenge in the present petition.

(2.) THE order passed under Section 125 Cr.P.C. is revisable and the petitioner has not availed this remedy already available to him under the Code of Criminal Procedure. He has straightaway rushed to this Court under Section 482 Cr.P.C. It is settled law that the power under Section 482 Cr.P.C. is to be exercised with precaution and very sparingly.