BALWINDER SINGH Vs. GURMAIL KAUR

JUDGEMENT

(1.) THE petitioner -husband had impugned the order dated May 12, 1988 passed by the Additional Chief Judicial Magistrate, Faridkot, on an application under Section 125, Criminal Procedure Code, whereby maintenance at the rate of Rs. 100/ - per mensem for the wife and Rs. 60/ - each for the two minor children was fixed. The order was affirmed on revision by the Additional Sessions Judge, Faridkot by order dated September 29, 1989.

(2.) SECOND revision petition at the instance of the husband is barred under the provisions of sub -section (3) of Section 397 of the Code of Criminal Procedure and the same reads thus : - "If an application under this Section has been made by any person either to the High Court or to the Sessions Judge, no further application by the same person shall be entertained by the other of them." In view of the statutory bar, the husband is not entitled to challenge the order of the Additional Chief Judicial Magistrate affirmed on revision by the Additional Sessions Judge in second revision petition. In order to circumvent the provisions of the statute, the husband has moved this Court under Section 482 Criminal Procedure Code. I am not inclined to exercise my extraordinary jurisdiction for the reason that the husband cannot be allowed to approach this Court under Section 482, Criminal Procedure Code. Ordinary remedy by way of second revision petition is barred under the Code of Criminal Procedure. Moreover, the order passed by the Additional Chief Judicial Magistrate affirmed on revision by the Additional Sessions Judge appears to be just and calls for no interference under Section 482, Criminal Procedure Code.

(3.) CRIMINAL Misc. is accordingly dismissed. Petition dismissed.