SHEIKH IFTIKHAR AHMAD Vs. REHANA MAJID

JUDGEMENT

(1.) BY the medium of the instant revision petition, petitioner seeks setting aside of order dated 27.4.2004 passed by learned Forest Magistrate, Srinagar in the petition titled Rehana Majid and Anr. v. Sheikh Iftikhar, proceedings under Section 488, Cr. PC, on the grounds taken in the memo of revision petition.

(2.) RECORD stands received.

(3.) MR . Bazaz, argued that interim maintenance to the tune of Rs 550/ - in terms of order dated 21.11.2001, stands granted in favour of respondent No. 2 and paid to the respondent. The main petition under Section 488, Cr. P.C. came to be decided by the Court below in terms of the order dated 27.4.2004, which shall be referred hereinafter as impugned order. The monthly maintenance at the rate of Rs. 1,200/ - per month stands granted in favour of respondent No. 2 from the date of application vide impugned order. The said impugned order is erroneous, illegal and improper. Maintenance of Rs. 1,200/ - granted vide impugned order should have been granted from the date of order and not from the date of application, because the petitioner herein was paying the interim maintenance regularly. No other argument advanced by the learned Counsel for the petitioner.