LAWS(MPH)-2013-10-208

SITA KUMARI & OTHERS Vs. MANIK CHANDRA SAHU

Decided On October 08, 2013
Sita Kumari And Others Appellant
V/S
Manik Chandra Sahu Respondents

JUDGEMENT

(1.) By way of this petition under Section 482 of Cr.P.C. the applicants have challenged the order dated 23.3.2007 passed in Criminal Revision No.214/2005 by the learned Additional Sessions Judge, Waidhan District Sidhi and also the order dated 17.10.2005 passed in Criminal Case No.481/2004 by the Judicial Magistrate First Class, Waidhan whereby the maintenance directed against the applicants was set aside.

(2.) The brief facts of the case are that the applicants were given a maintenance of Rs.800/-, Rs.500/- and Rs.300/- respectively vide order dated 17.6.2004 passed by the learned JMFC Waidhan and that order was affirmed in Criminal Revision No.214/2005 by the learned Additional Sessions Judge Waidhan vide order dated 23.3.2007 and execution proceeding was pending before the trial Court.

(3.) The respondent has filed an application before the trial Court that he transferred some land to the applicant No.3, and therefore the proceeding may be dropped. The learned JMFC Waidhan vide order dated 17.10.2005 found that the execution proceeding filed by the applicant No.3 was fully satisfied, and therefore it was directed that the proceeding may be dropped. In criminal revision the learned Additional Sessions Judge, Waidhan vide order dated 23.3.2007 found that no satisfaction was done for the applicant No.1 and recovery of maintenance was to be dropped for the applicants No.2 and 3.