JAGAT SINGH Vs. STATE OF U P

JUDGEMENT

(1.) HEARD Sri Sunil Kumar, learned counsel for the revisionist, learned A.G.A. for the State and Sri Dheeraj Singh, learned counsel for opposite party No. 2.

(2.) THIS revision under Section 397, Cr. P.C. is directed against the order dated 29.1.2001, passed by 1st Addl. Civil Judge (Junior Division)/ Judicial Magistrate, Bulandshahr in Criminal Misc. Case No. 1021 of 1999, Kusum Devi v. Jagat Singh whereby application under Section 127, Cr. P.C. filed by revisionist was rejected.

(3.) IT was submitted by learned counsel for the revisionist that revisionist had paid Rs. 25,000 to the opposite party No. 2 as a lump sum payment towards maintenance allowance and agreement to this effect was executed on 4.2.1999 and was attested by the notary and therefore, after 4.2.1999 no maintenance allowance was payable to opposite party No. 2 and learned Magistrate committed illegality in rejecting the application under Section 127, Cr. P.C.