JASBIR SINGH Vs. KIRAN

JUDGEMENT

(1.) Present petition has been filed under Section 482 of the Code of Criminal Procedure for quashing of order dated 03.09.2010 (Annexure P/4) passed by learned Judicial Magistrate First Class, Ambala, whereby petition under Section 125 Cr.P.C. has been ordered to be restored and order dated 15.01.2011 (Annexure P/6) passed by the learned Additional Sessions Judge, Ambala,whereby revision petition filed by the petitioner has been dismissed.

(2.) Brief facts of the case are that respondent-wife filed a petition under Section 125 Cr.P.C., which was dismissed in default vide order dated 12.09.2009. Thereafter, an application for restoration of the same was filed before the learned trial Court. The learned Judicial Magistrate Ist Class, Ambala, vide order dated 04.11.2009 restored the petition under Section 125 Cr.P.C. without hearing the petitioner. Against the order dated 04.11.2009, the petitioner filed revision petition, which was allowed by the learned Additional Sessions Judge, Ambala vide order dated 01.05.2010 and the case was remanded to the learned Judicial Magistrate Ist Class, Ambala. Thereafter, the impugned order dated 03.09.2010 (Annexure P/4) was passed by the learned Judicial Magistrate First Class. Thereafter, petitioner filed revision petition, which was dismissed by the learned Additional Sessions Judge vide order dated 15.01.2011 (Annexure P/6) by holding that the proceedings under Section 125 Cr.P.C. are of civil nature.

(3.) I have heard learned counsel for the petitioner and perused the record.