BHABESWR DEKA Vs. SHRIMOTI KUSUM DEKA

JUDGEMENT

(1.) (Oral) - This is an application under section 482, Cr. P.C. for quashing the orders dated 20.2.87 and 8.5.87 passed by the Judicial Magistrate of the First Class Nalbari in Misc. Case No. 32 of 1986 and order dated 5.8.87 passed by the Sessions Judge Nalbari in CM No, 16 (N-2) 1987.

(2.) Facts, - On 20.2.87, the learned Magistrate passed an ex parte order directing the petitioner to pay a monthly allowance for the maintenance of the opposite party and her child. The learned Magistrate fixed Rs. 200.00 for the mother and Rs. 100.00 for the child. The petitioner filed an application for setting aside the ex parte order. The learned Magistrate rejected the petition. Being aggrieved by the order of the learned Magistrate, the petitioner filed Criminal Motion No. 16 (N-2) of 1987 in the Court of the Sessions Judge Nalbari. The Sessions Judge dismissed the revision petition on 5.8.87. Hence this petition.

(3.) The learned counsel for the opposite party Mr. J. Deb has argued that the petition is not maintainable in view of the provisions of section 399 (3), Cr. P.C. He has referred to me a decision of the Supreme Court in Municipal Corporation of Delhi Vs. Ram Kishan Rohtagi, AIR 1983 SC 67. In that case the Supreme Court has held the scope, ambit and range of section 482 is quite different from the powers conferred by the present Code under the provisions of section 397. It may be that in some cases there may be overlapping but such cases would be few and far between. It is well settled that the inherent powers under section 482 of the present Code can be exercised only when no other remedy is available to the litigant and not where a specific remedy is provided by the statute. Further, power being an extra ordinary one, it has to be exercised sparingly.