GOPAL SINGH @ GOPALJEE SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE sole Petitioner, while invoking inherent jurisdiction of this Court under Section 482 of the Code of Criminal Procedure, has prayed for quashing of an order dated 14.2.2007 passed by Sri Binay Shankar Mishra, Addl. Sessions Judge, F.T.C. No. V, East Champaran at Motihari, in Cr. Revision No. 110 of 2003/102 of 2006. The Petitioner has also prayed for quashing of the order dated 6.3.2003 passed by learned Sub Divisional Judicial Magistrate, Sikrahana at Motihari in Case No. M -1 of 1999, corresponding to Trial No. 985 of 2003 under Section 125 of the Code of Criminal Procedure. By the said order, learned Magistrate had directed the Petitioner to pay Rs. 400/ - per month to Opp. Party No. 2.

(2.) SHORT fact of the case is that Opp. Party No. 2 filed a petition under Section 125 of the Code of Criminal Procedure with a prayer to direct the Petitioner, who is husband of Opp. Party No. 2, for maintaining her and to make payment for maintenance. After filing the petition, witnesses were examined and finally by Judgment and order dated 6.3.2003, the learned Sub Divisional Judicial Magistrate allowed the petition and directed the Petitioner to make payment of Rs. 400/ - per month to Opp. Party No. 2. Against the order of the learned Sub Divisional Judicial Magistrate, the Petitioner preferred a revision vide Cr. Revision No. 110 of 2003/102 of 2006, which stood rejected.

(3.) FROM the record, it appears that no order of stay was passed by this Court. Learned Counsel for the Petitioner is not in a position to inform the court as to whether during the pendency of this petition, as per direction of the court below, the Petitioner is paying maintenance to Opp. Party No. 2 or not.