USHA RANI Vs. BALDEV SINGH

JUDGEMENT

(1.) SHRIMATI Usha Rani, petitioner by means of this criminal miscellaneous under section 482, Cr.P.C. read with Article 227 of the Constitution of India, seeks the quashing of the Orders Annexures P. 1 and P. 2.

(2.) THE petitioner brought an application under section 125 Cr.P.C. which was decided by Sh. Dhian Singh, Judicial Magistrate I class, Ferozepur, vide his order dated 22.4.1990, and the application was dismissed. Aggrieved by that order, the petitioner went in revision which was heard by Sh. Charanjit Jawa, Additional Sessions Judge who, vide his judgment dated 11.10.1991 dismissed the same.

(3.) IN view of Surjit Kaur and others v. Tarlochan Singh, 1988(1) Recent Criminal Reports 351, no second revision is competent. The provisions of Section 482, Cr.P.C. are to be invoked for special reasons. Since in the present case, both the Courts below have appreciated the evidence brought on the record by the parties and it was on the assessment of the evidence that the petitioner was held to be not entitled to maintenance, no case is made out for interference by this Court in its inherent jurisdiction. It is also stated at the bar that the proceedings are pending before the matrimonial Court. The question of allowing interim maintenance and ultimately proper alimony can be gone into by the Court. I find no merit in this criminal miscellaneous and the same is hereby dismissed. Petition dismissed