SHIV VIR SINGH SANGER Vs. STATE

JUDGEMENT

(1.) SHIV Vir Singh Sanger has directed this revision against the order, dated 25-4-1980 passed by the Sessions Judge, Lucknow, maintaining the order of forfeiture of surety amount payable by the applicant but reducing the amount from Rs. 2,000/- to Rs. 1,000/-.

(2.) I have heard the -learned counsel for the parties and gone through the record. It appears that Smt. Bhagwan Dei initiated proceedings under Section 125. CrPC against Ganga Ram claiming maintenance. It appears that the Magistrate trying the case had granted maintenance in favour of the applicant Smt. Bhagwan Dei. This order had not been carried out by Ganga Ram. Therefore, Smt. Bhagwan Dei initiated proceedings under sub-section (3) of Section 125 CrPC. The learned Magistrate issued a warrant in Form No. 19 which is required to be issued under Section 125 CrPC. However, it transpires from the record that in pursuance of this warrant no property could be attached as Ganga Ram did not possess any property of his own. The learned Magistrate thereafter issued a warrant of arrest of Ganga Ram in pursuance of which Ganga Ram was arrested and produced before the remand Magistrate on 1st October, 1978. The learned remand Magistrate passed following order: "Balance on furnishing one surety of Rs. 2000/- of an Advocate and personal bond in the like amount."