SOHAN LAL Vs. SMT. RAM MURTI AND ANOTHER

JUDGEMENT

(1.) THROUGH this revision the petitioner has challenged the order of Shri Sarup Chand Gupta, Judicial Magistrate 1st Class, Ludhiana dated 30.8.1972 vide which he, without resorting to the appropriate provisions of section 488 sub -section (3) of Criminal Procedure Code, 1898, sent the warrant against the respondents for the recovery of the maintenance allowance to the Station House Officer, Police Station, Sadar, Ludhiana and also the order passed in revision By the Additional Sessions Judge Ludhiana on 6.3. 1973 affirming the order of the Magistrate.

(2.) THE facts out of which this revision arises are that the Judicial Magistrate 1st Class, Ludhiana, had awarded the amount of maintenance in favour of Shmt Ram Murti and her child against the respondent That revision was pending in the High Court during the pendency of that revision petition in the High Court Smt. Ram Murti applied for the recovery of the amount of the maintenance. This was resisted by the petitioner on two grounds; the first was that the proceedings for the recovery of the amount of the maintenance had been stayed pending proceedings in the High Court and the second was that he was failing to keep Smt. Ram Murti and the child with him. On merits both these prayers were fount against the petitioner and the learned Judicial Magistrate passed the following order : - -