DIYA MUNEER Vs. MUNEER AHMAD SOPORI

JUDGEMENT

(1.) This petition under Section 561-A Cr.P.C. has been filed by the petitioner against the order dated 07.02.2014 passed by the learned Principal Sessions Judge, Anantnag, in Criminal Revision File No. 27/Rev, whereby the learned Sessions Judge, while disposing of the revision petition, has directed the learned trial Magistrate to decide the application filed by the revision petitioner on 17.12.2013 in accordance with law and permitted the petitioner to file an application in terms of the provision of Section 488(6) Cr.P.C. Facts of the case are briefly noted. The petitioner herein filed an application under Section 488 Cr.P.C. before the learned Judicial Magistrate, Anantnag, seeking grant of maintenance from the respondent. Records of the trial court reveal that when the service in ordinary mode failed to evoke any response from the respondent, the trial court ordered issuance of "duparti" summons. Despite that, the respondent failed to cause his appearance before the court to defend the aforesaid application for grant of maintenance. Consequently, by order dated 22.10.2013, the learned Magistrate set the non-applicant- respondent ex-parte, and directed the petitioner to adduce evidence in support of her petition.

(2.) It appears that after the aforesaid order dated 07.12.2013 disposing of the application was passed by the learned trial Magistrate, the respondent filed an application on 17.12.2013 stating therein that he had come to know that he had been proceeded ex parte on 07.12.2013 and, therefore, sought setting aside of the ex parte proceedings. However, the records show that no action was taken by the learned Magistrate on this application.

(3.) The respondent, thereafter, on 28.12.2013 filed a criminal revision petition before the learned Principal Sessions Judge, Anantnag. In the said revision petition, the respondent prayed that the order dated 07.12.2013 passed by the learned Magistrate be set aside. The said revision petition has been disposed of by the learned Sessions Judge in the following manner: