PAWAN KUMAR Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal miscellaneous petition has been filed under Section 482, Cr.P.C. by the petitioner against order dated 20.7.2011 passed by the Chief Judicial Magistrate, Churu, whereby, application Tiled by the petitioner husband under Section 126(2), Cr.P.C., was rejected. Learned counsel for the petitioner submits that an application under Section 125, Cr.P.C. was filed by non-petitioner Smt. Sarla on her behalf and on behalf of two minor children Mamtesh and Bhawani Shankar. The application filed for maintenance under Section 125, Cr.P.C. was rejected vide order dated 14.9.2006. Thereafter, upon challenge made by non-petitioners No. 2 to 4, order dated 14.9.2006 passed by the trial Court by which application filed under Section 125, Cr.P.C. was rejected was set aside and matter was remitted to the trial Court for deciding the application afresh.

(2.) The trial Court in pursuance of the order passed by the revisional Court dated 29.4.2011 proceeded to hear the application filed under Section 125, Cr.P.C. and, for the said purpose, fixed dates for arguments on 2.6.2011 and 5.7.2011 but, on those dates, counsel for the petitioner took time to argue the matter. On 6.7.2011, Mr. Anwar Khan Advocate filed power on behalf of the petitioner along with certain documents and an application under Section 126(2), Cr.P.C.

(3.) In the application filed under Section 126(2), Cr.P.C., it was prayed that at the time of recording statements of witnesses, the presence of non-petitioner husband (before the trial Court) was mandatory but the evidence was recorded in his absence, therefore, those witnesses may be recalled and opportunity may be given to cross-examine witnesses Smt. Sarla and Pawan Kumar (witness having identical name as of the petitioner's).