LAWS(HPH)-2008-10-40

CHATTER KALA Vs. CHET RAM

Decided On October 01, 2008
CHATTER KALA Appellant
V/S
CHET RAM Respondents

JUDGEMENT

(1.) Heard learned counsel for the parties. The present revision petition has been preferred under section 397 of Cr.P.C against the order dated 11.1.2007 passed by learned Addl. Sessions Judge, Mandi, District Mandi, HP in Cr. Revision No. 9/2006 titled as Chet Ram Vs. Chatter Kala , whereby the judgment dated 28.2.2006 passed by learned Addl. Chief Judicial Magistrate, Karsog, District Mandi, HP in case No. 159-IV of 2004, has been set aside.

(2.) The petitioner Chatter Kala preferred a petition under section 125 of Cr.P.C before Addl. Chief Judicial Magistrate, Karsog, District Mandi for awarding maintenance for sum of Rs. 300.00 whereby learned Addl. Chief Judicial Magistrate vide its order dated 28.2.2006 awarded maintenance of Rs. 500.00 per month to the petitioner, from the date of filing of application. Being aggrieved, respondent Sh. Chet Ram, preferred a criminal revision No.9.2006 before learned Additional Sessions Judge, Mandi, HP and on adjudication, the said revision was allowed vide order dated 11.1.2007 by learned Addl. Sessions Judge, Mandi District, thereby setting aside the order dated 28.2.2006 passed by learned Addl. Chief Judicial Magistrate, Karsog, District Mandi.

(3.) Being aggrieved against the order dated 11.1.2007, petitioner has preferred the present revision petition. In order to adjudicate the present controversy, it is necessary to refer the factual background of the case.