SHIMBHU RAM Vs. STATE OF RAJASTHAN AND ANR.

JUDGEMENT

(1.) Heard learned counsel for the petitioner, the Public Prosecutor and the counsel for the respondent No. 2. Perused the impugned order.

(2.) The instant two miscellaneous petitions have been filed by the petitioner challenging the order dated 10.10.2008 passed by the learned Additional Chief Judicial Magistrate, Parbatsar, district Nagaur in two separate applications No. 84/2005 and 201/2005 filed by the respondent No. 2 for execution of the order of interim maintenance.

(3.) Learned counsel appearing for the petitioner submits that the order, for the execution whereof, the applications were filed by the respondent No. 2, was an order of granting interim maintenance to the respondent No. 2 and ultimately the main application filed by the respondent No. 2 under Sec. 125 Code Criminal Procedure came to be decided by the concerned Court on 25.8.2006 holding that the respondent No. 2 was living in adultery. The said order was challenged by the respondent No. 2 by way of filing a revision petition, which too was rejected vide order dated 1.5.2010 and in the meantime the order granting interim maintenance in favour of the respondent No. 2 (wife) and her son was sought to be enforced by filing an application for issuance of warrants of recovery under Sec. 125(3) Criminal Procedure Code, which was allowed by the learned Magistrate. The petitioner, on the rejection of the main application under Sec. 125 Code Criminal Procedure filed two applications for dropping of the recovery proceedings, which have been rejected by the order dated 10.10.2008. The said order has been challenged by the petitioner by way of the instant miscellaneous petitions.