VISHNUPAT NARHARRAO BARASKAR Vs. PANDIT VISHNUPAT BARASKAR

JUDGEMENT

(1.) The petitioner Vishnupant has filed this Criminal Writ Petition against his two sons and Union of India in respect of order passed by Judicial Magistrate, First Class, Ambejogai quashing the proceedings for maintenance filed by him under Section J25 of the Code of Criminal Procedure.

(2.) Brief facts need be stated to appreciate the controversy of this unfortunate litigation, unfortunate because jt is between father and sons. Father Vishnupant had made an application against bis two sons Pandit and Anil for maintenance under Section 125 of the Code of Criminal Procedure in the Court of Judicial Magistrate, First Class, Ambejogai. Admittedly, father resides at Ambejogai whereas Pandit is in service at Aurangabad and Anil at Nasik.

(3.) Visbnupant had made application for interim maintenance and the learned Judicial Magistrate took the view that interim maintenance can be granted but he further held that Judicial Magistrate, First Class, Ambejogai has no jurisdiction to entertain application under Section 125 of the Code of Criminal Procedure because, according to him, the application should have been filed where the sons reside in view of language of Section 126 (1) of the Code of Criminal Procedure. He, therefore, quashed the proceedings for want of jurisdiction and it is against that order the present Criminal Writ Petition has been preferred.