ESAHAQUE ALI Vs. ALEKJAN NESSA ALIAS KULSON

JUDGEMENT

(1.) This application, made under Section 482 read with Section 401 Cr.P.C., is directed against the order, dated 21.07.2006, passed by the Sub-Divisional Judicial Magistrate (Sadar), Barpeta, in MR Case No. 276/98, rejecting the prayer for release made by the petitioner.

(2.) I have heard Mr. R. Ali, learned counsel, for the petitioner, and Mr. K. Munir, learned Additional Public Prosecutor, Assam.

(3.) The material facts leading to this petition may, in brief, be set out thus: The opposite party herein, who is wife of the present petitioner, instituted, as first party, a proceeding, under Section 125 Cr.P.C., seeking directions for maintenance allowance from the present petitioner. This maintenance proceeding was finally disposed of, on 22.06.2004, with direction to the petitioner to pay Rs. 300/- per month as maintenance allowance to the opposite party and Rs. 200/- as maintenance allowance, for the son of the parties concerned, with effect from the date of making of the petition for maintenance, following the passing of the said order of maintenance, when the petitioner failed to make payment of the maintenance allowance, as had been directed, the opposite party herein made an application, under Section 125(3) Cr.P.C., praying for appropriate order in the matter. The learned Court below, then, directed issuance of warrant against the petitioner. Warrant was accordingly executed, the petitioner was arrested and, on being produced in the Court on 20.01.2006, he was remanded to custody by order, dated 20.01.2006. As the petitioner has not made payment of the arrear amount of maintenance, his repeated prayer seeking his release has been turned down, the last order of rejection of such a prayer of the petitioner being on 21.07.2006.