GURPREET SINGH Vs. AMANDEEP KAUR AND ORS.

JUDGEMENT

(1.) THE present petition has been filed under Section 482 Code of Criminal Procedure, 1973 (hereinafter called 'Cr.P.C') for quashing the order dated 19.07.2013 passed by the learned Judicial Magistrate Ist Class, Barnala, whereby the application dated 22.2.2013 moved by respondents for restoration of the application under Section 125 Cr.P.C dismissed in default on 19.12.2011 was allowed and the order dated 10.01.2014 passed by the learned Sessions Judge, Barnala, whereby the revision filed against that order was also dismissed.

(2.) THE respondents have filed an application under Section 125 Cr.P.C for grant of maintenance against the present petitioner. The said application was dismissed in default on 19.12.2011 due to non appearance of the respondents. Respondents moved an application for restoration of the aforesaid petition, which was allowed by the learned Judicial Magistrate Ist Class, Barnala, vide impugned order dated 19.07.2013. The revision against that order was also dismissed by the learned Sessions Judge, Barnala vide impugned order dated 09.01.2014.

(3.) LEARNED counsel for the petitioner contended that the restoration of the petition will virtually amount to reviewing of the order passed by the learned Magistrate, which is not permissible as per law.