DALCHAND Vs. KANKU

JUDGEMENT

(1.) The matter comes up on the Second Stay Application No. 178/2010 filed on behalf of the petitioner Dal Chand in Criminal Misc. Petition No. 985 of 2009.

(2.) With the consent of the learned counsel for the parties, the miscellaneous petition itself has been heard on merits.

(3.) Learned counsel for the petitioner Dilchand submits that the respondent Smt. Kanku is the petitioner's mother. Learned counsel submits that the respondent filed an application under Section 125 Cr.P.C. against the petitioner in the Court of learned Judicial Magistrate, Chittorgarh in the year 2004. He submits that Smt. Kanku who residing with the petitioner brother sold a chunk of the land devolved upon her from the her husband i.e. the petitioner's father for a huge sum of money and is thus having substantial means to cain tain herself. Learned counsel submits that the land was sold by Smt. Kanku through a registered sale deed executed^ in November, 2007 and by that time she had already been examined at the trial and thus, the petitioner could not confront her with the factum of receipt of huge sum of money from the sale made by her in the year 2007. Learned counsel thus contends that it is now apparent that Smt. Kanku having received a huge sum of money through the sale is in a position to maintain herself after the sale was executed. Learned counsel thus prays that the petitioner be given opportunity to confront Kanku with this fact and requests that the trial Court be directed to reconsider the question of Smt. Kanku being entitled to receive any maintenance from the petitioner in view of the fact that she is herself having sufficient means to maintain 1 herself.