BAGADBAI Vs. SHANKAR SINGH

JUDGEMENT

(1.) THIS criminal revision arises out of order dated l6 -10 -85 passed by the IVth Additional Sessions Judge, Uijain in Criminal Revision No. 3085 thereby setting aside the order dated 14 -3 -85 passed by the judicial Magistrate First Class, Mahidpur in Criminal Case No. 3/83 awarding Rs. 200/ - as maintenance allowance to the petitioner and her son who at the time of making of an application under Section 125 Cr. P.C. was about 3 years of age.

(2.) THE learned Magistrate considering the evidence adduced by the parties awarded maintenance but on revision preferred by the respondent the Revisional Court, has up -set the order.

(3.) SHRI Trivedi learned counsel appearing for the petitioner submitted, that the Revisional Court, while re -appreciating the evidence on record has transgressed its jurisdictional limits. There being no error in the order passed by the trial Court, according to the learned counsel, it was not open to the Revisional Court to interfere with the evidence and come to a different conclusion in absence of any perversity of finding.