KIFAYAT HUSSAIN BABA Vs. NIGHAT PARVEEN

JUDGEMENT

(1.) Respondent No.1, mother, moved an application for grant of maintenance on behalf of minor son and daughter, respondents 2 and 3 in terms of Section 488 of the Code of Criminal Procedure, Svt. 1989 (1933 A.D.), hereafter, for short the Code, before the Chief Judicial Magistrate, Srinagar, came to be transferred to Judicial Magistrate 1st Class (Judge Small Causes), Srinagar. Learned trial court granted the maintenance at the rate of Rs.800/- each per month from the date of presentation of the petition i.e. 22.06.2002. Petitioner, father, feeling aggrieved challenged the same by the medium of revision petition before the Principal Sessions Judge, Srinagar, came to be transferred to court of 3rd Additional Sessions Judge, Sriangar. 3rd Additional Sessions Judge, Srinagar, dismissed the revision petition vide order dated 09.02.2010.

(2.) Petitioner has questioned both the orders by the medium of this petition.

(3.) It is beaten law of the land, that power in terms of Section 561-A Cr. P.C. is to be exercised sparingly, carefully and cautiously. The power can be exercised only when it appears that the process issued amounts to abuse of the process of Court/ law or quashing of these proceedings would otherwise serve the ends of justice. It is to be exercised in rarest of rare cases. Court has to keep in mind that it is not functioning as a court of appeal or revision.