HARI DEVI Vs. BHAGAT SINGH AND ANR.

JUDGEMENT

(1.) The present petition has been preferred under Article 227 of the Constitution of India read with Sec. 482 Code of Criminal Procedure with the prayer that the order passed by the Chief Judicial Magistrate, Solan dated 10th august, 1994 in case No. 78/4 of 1993 may be set -aside and the case be remanded back for decision by the Chief Judicial Magistrate on merit.

(2.) The facts giving rise to the present proceedings were that Smt. Hira Devi, the present Petitioner preferred a petition under Sec. 125 of the Code of Criminal Procedure against her husband Sh. Bhagat Singh. During the proceedings of the petition, under Sec. 125 Code of Criminal Procedure, the learned Chief Judicial Magistrate, Solan on 10th August, 1994 passed the following order:

(3.) The aforesaid order has been assailed in the present petition on various grounds and it has been submitted that the order passed by the learned Chief Judicial Magistrate was illegal, violating the provisions of the Constitution, and, therefore, required to be interfered with.