JAI PRAKASH SHARMA Vs. STATE OF BIHAR

JUDGEMENT

(1.) This is an application under Section 482 of the Code of Criminal Procedure ('the Code', in short) praying therein to quash order dated 22.8.2002 recorded by the learned first Additional Sessions Judge, Munger in Criminal Revision No. 243 of 2000 by which the revisional Court had set aside order dated 28.6.2000 recorded in Maintenance Case No. 15-M of 1994 and remitted back the matter for fresh consideration by the learned Sub-Divisional Judicial Magistrate, Munger.

(2.) The facts, in brief, are that the petitioners in Magisterial court, the minor daughter and son of Opposite Party No. 1 (In short 'O.P.'), the petitioner here, had filed a petitioner under Section 125 of the Code for their maintenance. Following facts were riot dispute :-

(3.) The learned Sub-Divisional Judicial Magistrate had held, finding that the petitioner was willing and ready to maintain his minor children and to keep them with him, his willingness manifest by his act of making a fixed deposit of Rs. 50,000/-, the application under Section 125 of the Code filed on behalf of the petitioners through their maternal grand father was not fit to be allowed.