(1.) THIS is an application under Section 482 Criminal Procedure Code, 1973 (for short 'the Code') against the revisional order dated 3.5.1984 passed by the 2nd A.S.J. Shajapur in Criminal revision No.11/84.
(2.) CIRCUMSTANCES giving rise to this application are these. Non - applicant Rafikanbai is the wife of the present applicant within the meaning of explanation below Section 125(1) of the Code. She had filed an application for making a monthly allowance for her and for their daughter's maintenance. The learned Magistrate who held the enquiry allowed her application against the applicant who then preferred a revision challenging that order on various grounds including that on want of pleading and proof regarding her inability to maintain herself. By the impugned order there is partial remand. The order based on the ratio of the decision in Keshav's case (1983 M.P.W.N. 476) is to the effect that the parties shall be afforded an opportunity to plead and lead evidence on the point of the present N.A.'s inability to maintain. The learned A.S.J. has held against the petitioner on other grounds.
(3.) BY the present petition the petitioner prays that the case should be remanded wholesale.