RAM KUMARI Vs. SHIV BAHADUR SINGH

JUDGEMENT

(1.) Heard Sri Virendra Singh, learned counsel for the petitioner. None appeared for respondent No. 1, although the case was taken up in the revised list.

(2.) By the present petition, the petitioners have challenged the judgment and order dated 21-7-87 whereby the learned Ist Addl. Judicial Magistrate, Allahabad rejected the application under Section 125 of the Cr. P. C. filed by the petitioners.

(3.) At the out-set it may be noted that though the said order was revisable under Sections 397 and 401, Cr. P. C. yet the learned counsel preferred to file Criminal Misc. Application under Section 482, Cr. P. C. Subsequently by an application dated 23/01/1990 the learned counsel made a prayer for conversion of the Criminal Misc. Application into a writ petition which was allowed by the order dated 8-2-90. Normally when alternate remedy is available by way of appeal or revision, the High Court is slow in interfering in exercise of writ jurisdiction. However, in this case the matter is pending since 1988 and at this stage, giving a direction to the learned counsel to convert the petition into a revision would further cause delay and harassment to the petitioners. Besides this, the Court has permitted the petitioners by an order dated 8-2-90 to convert Criminal Misc. Application into a writ petition. Therefore, the petition is being disposed of as such.