ANSAR AHMED Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) BY this petition, a challenge has been made to the order dated 15.03.2010 whereby the warrant of arrest against the petitioner has been issued pursuant to non -compliance of the order under Section 125 of Cr.P.C.

(2.) IT is stated that petitioner had filed an application under Section 127 of Cr.P.C. for recalling of the order passed on application under Section 125 Cr.P.C. Without deciding the application so moved by the petitioner under Section 127 Cr.P.C. the order impugned herein has been passed. The petitioner had otherwise taken divorce, thus order of maintenance under Section 125 of Cr.P.C. was not even maintainable, however, ignoring all these aspects, the Court below passed the impugned order.

(3.) THE learned Counsel for the petitioner has raised question regarding maintainability of application under Section 125 of Cr.P.C. which is not subject matter of this petition. If the petitioner was aggrieved by the order passed on application under Section 125 of Cr.P.C. then he was at liberty to challenge the same. Learned Counsel for the petitioner has fairly conceded that no challenge was made to the order passed under Section 125 of Cr.P.C. In view of the aforesaid, the order becomes final.