KAMLESH KUMARI Vs. STATE OF U P

JUDGEMENT

(1.) G. S. N. Tripathi, J. This is a criminal revision under Section 397, Cr. PC arising out of a cryptic judgment and order dated 21- 8-1995 passed by the learned Sessions Judge, Etah in Criminal Revision No. 70/95- Rajendra Singh v. Smt. Kamlesh Kumari.

(2.) IN a proceeding under Section 125, Crpc an ex pane order passed on 23-5-1994. No application to set aside that order under Section 126 (2), Crpc was moved by the husband, respondent No. 2, Rajendra Singh. He tried to justify his absence on some grounds. Those grounds were examined by the learned Magistrate concerned and it was found that the applicant husband had no just ground to get this order set aside. The application under Section 126 (2), Crpc was dismissed by the learned Ilnd Addl. Munsif Magistrate, Etah on 10-2-1995.

(3.) AFTER hearing the learned counsel for the parties, I find that there is much force in this revision and it deserves to be allowed.