SULTAN HUSSAIN KHAN Vs. MUSHFIQA KHATOON

JUDGEMENT

(1.) In a proceeding under Section 125 of the Code of Criminal Procedure initiated by a female who claimed herself to be the wife of the petitioner (registered on Case No. 8 of 1987 their pending before the Munsif Magistrate, Amroha), an application was moved by the wife for amendment. It was allowed but the order allowing the amendment was set aside in Criminal Revision No. 95 of 1978 by IVth Additional District and Sessions Judge, Moradabad, vide his order dated 11-11-78. It appears that after the matter had reached the argument stage before the Magistrate, some application was given by the husband-petitioner which was rejected copy of the application has not been filed by the petitioner. The order rejecting the application is dated 6-7-82. It further appears that some application for adjournment of the case which was fixed for argument was moved by the petitioner for summoning some record and filing document. The Magistrate passed an order on 9-6-82 which runs as under :

(2.) This petition has been moved under Section 482 of the Code of Criminal Procedure praying that the Magistrate be directed to give effect to the order passed in Criminal Revision referred to above.

(3.) Counter affidavit has been filed on behalf of the opposite party. It is mentioned therein that the trial Court is giving effect to the directions contained in the Criminal Revision.