MD RABBAN ALI DEWAN Vs. MUSTT ANOWARA BEGUM

JUDGEMENT

(1.) THIS application under Section 482 of Criminal Procedure Code is directed against the order 24 -2 -1989 passed by the learned Sessions Judge, Borpeta in Criminal Motion No. 104(B -1) of 1988 affirming the order dated 15 -10 -88 passed by the learned Magistrate, 1st Class, Barpeta dismissing the petition of the petitioner.

(2.) THE opposite party filed an application under Section 125 of the Criminal Procedure Code and the learned Magistrate granted maintenance of Rs. 100/ - (Rupees one hundred) per month is Misc. Case No. 177/85. The said order was challenged in the Criminal Motion No. 104 (C.l) of 1986 before the learned Sessions Judge Barpeta. However, the revision was dismissed.

(3.) THIS Court exercised Jurisdiction under Section 482 of the Criminal Procedure Code to prevent the abuse of the process of court and/or to secure the ends of Justice. The question of abuse of the process of court does not arise in this case. I have gone through the impugned judgment and orders and considered the submissions of the learned Counsels for the petitioner and the opposite party. The learned Courts below, taking into consideration the materials on records passed the impugned order which is neither perverse nor unjust. I do not find any injustice has been caused to the petitioner by the impugned order passed.