(1.) Challenge is to order dated 27th November 2010 of learned Special Mobile Magistrate Passenger Tax and Electricity, in application under Section 488 Code of Criminal Procedure titled Adil Ahmad Shagoo v. Mohamad Amin Shagoo whereby learned Magistrate has dismissed the application for non-prosecution.
(2.) The Petitioner's case is that the order is bad in law and liable to be set aside. The Petitioner has set out in detail the hardship the Petitioner is exposed to because of the impugned order. It is pleaded that the Respondent, unmindful of the direction of Revisional Court in criminal petition No. 50/2009 dated 15.05.2010 has failed and avoided to pay interim maintenance to the Petitioner who is a student and has no source to fall back upon and not in a position to continue his study.
(3.) I have heard learned Counsel for the Petitioner.