JAGANNATH DEBTA Vs. KAMALA BHUE

JUDGEMENT

(1.) This is an application under Section 482 Cr.P.C. to quash the order of granting maintenance passed by the learned Ad hoc Additional Sessions Judge, Fast Track Court, Padampur in Criminal Revision No. 43/3 of 2005-06 under Section 125 of the Code of Criminal Procedure.

(2.) Mr. H.S. Mishra, learned counsel for the petitioner submits that the opposite party claiming to be wife of the petitioner filed petition under Section 125, Cr.P.C. praying maintenance for her and her minor daughter set to have been born through the wedlock between the petitioner and opposite party. According to him, the petitioner has got married to the opposite party at all. However, learned trial court allowed maintenance of Rs. 400/- per month to be paid by the present petitioner to opposite party without any finding that the opposite party is the wife of the present petitioner. So, the decision of the learned trial court is wrong.

(3.) Mr. Mishra, learned counsel for the petitioner further submits that against the order of maintenance, Criminal Revision No. 43/3 of 2005-06 was filed before the learned Ad hoc Additional Sessions Judge, Fast Track Court, Padampur. Learned Ad hoc Additional Sessions Judge, Fast Track Court, Padampur without appreciation of the evidence on record endorsed the finding of the leaned trial Court in granting maintenance to the opposite party who is representing the minor daughter. The said order of the revisional authority is perverse and based on no evidence. So, he filed the present criminal misc. case challenging the order in the criminal revision passed by the learned Ad hoc Additional Sessions Judge, Fast Track Court, Padampur.