SHAMSHUDDI Vs. STATE OF U.P.

JUDGEMENT

(1.) HEARD learned counsel for the petitioner and the learned AGA for the State

(2.) THE petition under Article 226 of the Constitution of India has been filed to issue a writ, order or direction in the nature of certiorari quashing the order dated 22.3.2010 and 25.9.2012 passed by Addl. Chief Judicial Magistrate -1, Banda in Criminal Case no. 400/IX/2012 and order dated 2.5.2013 passed by Addl. Sessions Judge, Court no. 1, Banda in Criminal Revision no. 3 of 2013. It has been further prayed that a mandamus be issued to restrain the courts below from illegally recovering the amount of maintenance from the petitioner pursuant to orders dated 25.9.2012 and 2.5.2013.

(3.) LEARNED counsel for the petitioner has vehemently argued that the Courts below are illegally recovering the amount of maintenance which is time barred and have allowed amendment contrary to the provisions of law.