JAI SINGH Vs. MANISHA

JUDGEMENT

(1.) Through the instant Criminal Revision Petition, the petitioner makes a prayer for setting aside the orders pronounced respectively on 7.10.2016 and on 18.10.2016 by the learned Addl. Chief Judicial Magistrate, Amb in Cr.MA No. 8-IV/15, whereunder, for non compliance(s) by the petitioner with the orders pronounced under the provisions of Section 125 of the Cr.P.C., he was successively committed to judicial custody.

(2.) Evidently, orders stood pronounced by the Addl. Chief Judicial Magistrate concerned, in respect of interim maintenance vis-a-vis the respondent herein, interim maintenance(s) whereof were quantified in a sum of Rs.42,000/-, and were assessed w.e.f. 3.10.2013 to 3.12.2014. Before proceeding to adjudicate upon the legality of the impugned orders pronounced by the learned Addl. Chief Judicial Magistrate concerned , this Court deems it fit to extract the relevant provisions of sub section (3) of Section 125 of the Cr.P.C., alongwith its proviso(s):-

(3.) Initially, it is to be determined whether within the ambit of the first proviso to sub section (3) of Section 125 of the Cr.P.C., the beneficiary of the order, of interim maintenance, did, within a period of one year from the date it fell due, hence make an application for its enforcement, whereupon, alone the mandate of subsection (3) of Section 125 of the Cr.P.C. would beget attraction also hence the orders impugned before this Court would, not, beget any stain of any illegality.