CHARANDAS Vs. NARMADA AND OTHERS

JUDGEMENT

(1.) By this petition under Sec. 482 of the Code of Criminal Procedure, the petitioner Charandas seeks to invoke the inherent powers of this Court for quashing the orders passed by Sessions Judge, Chandrapur in Criminal Revision No. 4 of 1981, confirming the order passed by the Chief Judicial Magistrate, Chandrapur in Misc. Criminal Case No. 17 of 1979.

(2.) The respondents herein presented an application under Sec. 125 of the Code Criminal Procedure against the present petitioner Charandas, claiming maintenance on serveral ground. The said proceedings were filed before we Chief Judicial Magistrate, Chandrapur, vide Misc. Criminal Case No 17 of 1979. The petitioner Charandas was duly served and had filed his written statement on merits in the said case. Subsequently the case was posted for evidence of parties on 4-4-1980. According to the petitioner he was present in the Court on the said date and when the case was called out the petitioner went out to fetch his counsel Shri V.G. Mogare, Advocate. By the time he returned to the Court with his counsel, the learned Trial Judge proceeded ex parte against the petitioner Charandas and had posted the case for 8-4-1980 for filing of affidavit by the applicants- respondents.

(3.) It may be noted that on the very date i.e. on 5-4-1980 the petitioner Charandas filed an application before the Trial Court under Sec. 126 of the Code of Criminal Procedure seeking to set aside the ex parte order passed against him. The-learned Judge, however did not pass any order, on the said application and even though the petitioner Charandas was present on 8-4-1980, yet the Trial Judge proceeded to except the affidavits filed by the respondents-applicants and also passed an order of grant of maintenance in their favour.