ASHOK KUMAR Vs. SANGEETA BAI

JUDGEMENT

(1.) The applicant has challenged the order dated 13.6.2011 passed by the learned JMFC, Balaghat in Misc. Criminal Case No. 75/2010, whereby the application under section 127 (1) of the CrPC filed by the applicant was dismissed. He has also challenged the order dated 17.7.2012 passed by the learned Additional Sessions Judge to First Additional Sessions Judge, Balaghat in criminal revision No.129/2011, whereby the revision filed by the applicant was dismissed.

(2.) The facts of the case, in short, are that, the respondent was provided with a maintenance of Rs.3,000/ - per month vide order dated 14.9.2007 passed by the learned Additional Chief Judicial Magistrate, Balaghat in criminal revision No.139/2007. The learned Sessions Judge, Balaghat vide order dated 20.11.2007 reduced that amount to a sum of Rs.1,500/ -. The applicant has moved an application under section 127 (1) of the CrPC before the JMFC, Balaghat on various grounds. It was dismissed by the learned JMFC, Balaghat on 13.6.2011 and revision was also dismissed.

(3.) So far as the first ground is concerned, it is found by both the Courts below that the respondent was granted a maintenance of Rs.1,500/ - in the year 2009, whereas dearness is increased and her income of Rs.2,500/ - is included in her expenditure then, still she requires a maintenance of Rs.1,500/ - and therefore, there was no effect of income received by the respondent. There is no basis to disturb the finding of both the Courts below on this count.