PRITO Vs. SUHAR SINGH

JUDGEMENT

(1.) IN this Criminal Revision, the petitioners seek quashing of the order dated 6.1.2000 passed by the Additional Sessions Judge, Ferozepur setting aside order dated 9.11.1998 passed by the Judicial Magistrate Ist Class, Ferozepur allowing the application filed by the petitioners for enhancement of maintenance allowance in proceedings under Section 127 of the Code of Criminal Procedure, 1973 (hereinafter referred to as 'the Code') against Suhar Singh, respondent.

(2.) A few facts need to be noticed for adjudication of the present petition. On 6.3.1990, the prayer made on behalf of the petitioners in the application filed under Section 125 of the Code, Prito wife and Jaswant Singh, son of Gurmit Kaur, daughter (minors) of Suhar Singh was accepted and they were awarded maintenance amount of Rs. 250/-, Rs. 100/- and Rs. 150/- per month respectively. On 31.5.1996, the petitioners filed application under Section 127 of the Code with a prayer for enhancement of the maintenance allowance already awarded. The learned Judicial Magistrate Ist Class, Ferozepur accepted the application and directed the respondent to pay Rs. 400/- to each applicant as maintenance from the date of the application that is 26.8.1995. The said order was challenged in Criminal Revision No. 6 dated 12.2.1999 which was allowed by the Additional Sessions Judge, Ferozepur on 6.1.2000. It is this order of the Additional Sessions Judge, Ferozepur, which has been challenged in the present petition.

(3.) I have gone through the stand taken on behalf of the petitioners on the basis of which the order of the Additional Sessions Judge dated 6.1.2000 has been assailed. Primarily, it has been pleaded that the learned Additional Sessions Judge has reversed the order of the Judicial Magistrate on technical grounds and failed to take into account the rise in prices which had taken place after the order dated 6.3.1990 awarding maintenance upon the application filed in the year 1990. It has also been stated that the petitioners have to incur the additional expenses on school fees and books etc. of school going children besides the cost of upbringing them.