HARMINDER SINGH Vs. STATE OF PUNJAB

JUDGEMENT

(1.) THE petitioner has approached this Court invoking its inherent jurisdiction by way of the instant petition under Section 482 of the Code of Criminal Procedure ('Cr.P.C.' for short). He seeks quashing of the order dated 28.4.2011 (Annexure P -5), passed by the learned Additional Chief Judicial Magistrate, Moga, vide which respondents No. 2 and 3 were granted ad -interim maintenance @ Rs. 1,000/ - per month from the date of application and Rs. 1,500/ - as litigation expenses under Section 125 Cr.P.C. He has also impugned the order dated 24.2.2012 (Annexure P -7), passed by the learned Additional Sessions Judge, Moga, thereby upholding the grant of ad interim maintenance @ Rs. 1,000/ - per month. The brief facts of the case are that the petition under Section 125 Cr.P.C. was filed by respondent No. 2 vide Annexure P -1, claiming maintenance @ Rs. 5,000/ - per month. The petitioner filed his reply by way of Annexure P -2, saying that he was posted as Punjabi Teacher in S.D. Senior Secondary School, Moga, and was getting the salary of only Rs. 27,00/ - per month, whereas respondent No. 3 was earning much more. Learned Additional Chief Judicial Magistrate, Moga, vide order dated 28.4.2011, allowed the application and directed that an amount of Rs. 1,000/ - per month be paid as interim maintenance from the date of application. He also directed the petitioner to pay Rs. 1,500/ - as litigation expenses, vide impugned order dated 28.4.2011 (Annexure P -5).

(2.) THE revision petition filed by the petitioner came to be decided, vide impugned order dated 24.2.2012 (Annexure P -7), partly modifying the order dated 28.4.2011, passed by the learned Chief Judicial Magistrate, Moga. Direction for payment of interim maintenance @ Rs. 1,000/ - per month was upheld, however, the order for payment of litigation expenses to the tune of Rs. 1,500/ - was set aside.

(3.) LEARNED counsel for the petitioner farther contended that since the petitioner was earning a meager amount of Rs. 2,700/ - per month, grant of maintenance @ Rs. 1,000/ - per month was on higher side, particularly when respondent No. 3 was earning handsome income.