NEKIB AHMED Vs. WAHIDA BEGUM

JUDGEMENT

(1.) HEARD Mr. T. Das, learned counsel for the petitioner. None appears on behalf of the Respondent.

(2.) THIS revision petition under Section 397 read with Section 401 and 482 of the Cr.PC is directed against the order dated 4.7.2001 passed by the learned Chief Judicial Magistrate, Sibsagar in Misc. Case No. 24/94 registered on an application filed by the respondent claiming maintenance for the her minor child under Section 125 Cr.PC.

(3.) MR . Das, learned counsel for the petitioner has argued that as the issue with regard to entitlement of the respondent and her child for maintenance he had been examined and finally disposed of by the learned trial court by the judgment and order dated 17.3.1993, the subsequent application filed by the respondent was not maintainable in law and on facts and therefore the learned court below committed a gross illegality in rejected the challenge with regard to maintainability of the said petition.