ABDUS SOVAN Vs. ROKIA BIBI

JUDGEMENT

(1.) The hearing stems from an application filed by the petitioner praying for setting aside the order dated 9.1.2001 passed by the learned Additional Sessions Judge, 3rd Court, Murshidabad in Criminal Motion No. 258 of 2000 affirming the order dated 1.4.2000 passed in Execution Case No. 52 of 1998 by the learned Judicial Magistrate, Additional Court, Lalbagh, Murshidabad.

(2.) The petitioner's case is that O.P. No. 1 obtained an ex parte order of maintenance @ Rs. 200 p.m. each for self and her child on 2.4.1998 from the Court of learned Judicial Magistrate, Additional Court, Lalbagh in M.R. Case No. 204/ 1997 under Section 125, Cr.P.C. without any notice being served upon the petitioner who on coming to learn about the said ex parte order, filed an application under Section 126(2), Cr.P.C, being registered as Misc. Case 11/1998 on 26.1.1998 for setting aside the said order. O.P. No. 1 in the meantime filed Execution Case being No. 52/1998 which was stayed by the learned Magistrate vide order dated 17.9.1999 till 17.12.1999 and it was further extended till 1.4.2000. On 1.4.2000 the learned Magistrate instead of extending the period of stay directed the petitioner to make payment on 3.5.2000. The petitioner moved in revision being Criminal Motion 258/2000 which was dismissed on contest on 19.1.2001.

(3.) Being aggrieved by and dissatisfied with the said order, the petitioner has come up before this Court with the above prayer.