MANJU BAI Vs. BABOOLAL JAT

JUDGEMENT

(1.) THE controversy projected is very limited as to whether it was obligatory on the part of the Magistrate, while passing an order u/s. 125 of CrPC, to assign reasons for making the order enforceable from the date of the application and what would be the effect if no such reason is assigned.

(2.) THE controversy stands concluded by a Division Bench decision of this Court in Smt. Krishna Jain v. Dharam Raj Jain (1991 JLJ 405), wherein this very question was referred for determination by the Division Bench and it was held :

(3.) LEARNED counsel for respondent has strongly supported the order of the Sessions Court below and submitted that in absence of reasons for making the order enforceable from the date of the application, the order passed by the Magistrate was liable to be set -aside. He has placed reliance on another Division Bench decision of this Court in Shobhabai v. Radhe Shy am 1991 (II) MPWN 171. I am however, not persuaded by the argument. The decision in Smt. Krishna (supra) is prior in time and is not referred in the subsequent decision of Shobhabai (supra). Even otherwise in Shobhabai (supra), it is not held that absence of reasons would vitiate the order. In my considered opinion, the learned Addl. Sessions Judge, ought not to have interfered with the order of the Magistrate without assigning any proper reason therefor. The order of the Magistrate was not vitiated merely because no reasons for making the same enforceable from the date of the application, were assigned.