KAMLA DEVI Vs. UTTAM CHAND

JUDGEMENT

(1.) Present petition filed under Section 397 (1) Cr.PC read with Section 401 is directed against the order dated 12.7.2007 rendered by Additional Sessions Judge, Fast Track Court, Kangra at Dharamshala, H.P., in Criminal Revision No. 4 -3/x/06 titled Uttam Chand v. Kamla Devi, reversing the order dated 11.8.2006 rendered by learned Sub Divisional Judicial Magistrate, Jawali, District Kangra, H.P. in Criminal Application No. 90 -IV/06 titled Kamla Devi v. Uttam Chand, whereby present petitioner has been held entitled to the maintenance to the tune of Rs. 1500/ - per month under Section 125 Cr.PC.

(2.) Perusal of the record of the learned trial Court below suggests that present petitioner had filed an application under Section 125 Cr.PC for grant of interim maintenance allowance from the respondent -herein, which was allowed by the learned trial Court. Feeling aggrieved with the order dated 11.8.2006, respondent -herein preferred a criminal Revision under Section 397 Cr.PC seeking quashment of aforesaid order passed by learned Sub Divisional Judicial Magistrate, Jawali, which was allowed by the learned Additional Sessions Judge. Admittedly, present revision petition filed under Section 397 Cr.PC read with Section 401 Cr.PC is directed against the order dated 12.7.2007 passed by learned Additional Sessions Judge which has been allegedly passed invoking the powers under Section 397 Cr.PC.

(3.) Impugned order dated 12.7.2007 suggests that the same has been passed by learned Additional Sessions Judge while exercising revisionary powers under Section 397 Cr.PC. Mr. R.K. Sharma, Senior Advocate, appearing for the respondent, vehemently argued that the present petition filed under Section 397 Cr.PC is not maintainable being second revision and prayed that this petition may be dismissed on the ground of maintainability itself.