MOHAMMAD KHAN HANIF KHAN Vs. SHAMIM BEGUM

JUDGEMENT

(1.) THIS is an application in revision against the order of Judicial Magistrate, Shahjahanpur dated 5-8-1975 directing the applicant to pay Rs. 125 per month as maintenance allowance to his wife Smt. Shamim Begum opposite party No. 1 under Section 125, Cri. P. C. 1973.

(2.) A preliminary objection has been raised by the learned Counsel for opposite party No. 1 that this application is not inaintainable.

(3.) THE applicant filed Criminal Revision No. 77 of. 1975 on 10-10-1975 in the court of Sessions Judge Shahjahanpur against the order of Judicial Magistrate Shahjahanpur dated 5-8-1975 which was pending when he filed the present revision in this Court on 17-11-1975. Subsection (3) of Section 397, Cr. P. C. 1973 runs as follows: If an application under this section has been made by any person 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.