AJAB RAO Vs. REKHA BAI

JUDGEMENT

(1.) INVOKING revisional jurisdiction of this Court under Section 397 read with Section 401 of the Criminal Procedure Code (henceforth "the Code"), the applicant has filed this revision for setting aside the order dated 21. 2. 2000 passed by JMFC, Chhindwara in MJC No. 57/96.

(2.) THE facts giving rise to the application are that : non-applicants filed an application before the JMFC Chhindwara, under Section 125 of the Code for granting maintenance. The application was allowed granting maintenance at the rate of Rs. 250 per month. As the applicant failed to comply with the order, the non-applicants filed an application for enforcement of the order of maintenance which was registered as MJC No. 57/96.

(3.) DURING the pendency of this miscellaneous case, non-applicants on 11. 1. 2000 filed an application praying that the applicant may be sentenced to imprisonment under Sub-section (3) of Section 125 of the Code. The learned Magistrate vide impugned order allowed this application and issued the warrant of arrest against the applicant.