BABU LAL Vs. SANTOSH @ SHANTI DEVI

JUDGEMENT

(1.) The petitioner has filed this criminal revision petition under Section 397/401 Cr.P.C. against the order dated 9.12.2013 passed by Special Judge SC/ST (Prevention of Atrocities) Cases, Merta, Nagaur (hereinafter referred to as 'the Revisional Court') whereby the learned Revisional Court while accepting the revision petition preferred on behalf of the respondents has directed the petitioner to pay monthly maintenance of Rs. 7,000/- per month to the respondents ( Rs. 4,000/- to the respondent No. 1 and Rs. 3,000 to the respondent No. 2) from the dated of application.

(2.) The petitioner has challenged the order dated 9.12.2013 passed by the Revisional Court mainly on the ground that earlier while Disposing of the application filed by the respondents No. 1 and 2 under Section 125 Cr.P.C. the Trial Court has order for paying maintenance of Rs. 1,300/- per month to the respondents and the petitioner was regularly paying the same. However, later on, the respondents, without taking recourse of Section 127 Cr.P.C. have straight way filed another application under Section 125 Cr.P.C. for enhancing the maintenance and the same was rejected by the Trial Court, but the Revisional Court has illegally ordered for enhancing the maintenance amount while exercising revisional jurisdiction.

(3.) The learned Counsel for the petitioner has reiterated the grounds raised in the revision petition and has submitted that the learned Trial Court has rightly rejected the application of the respondents while observing that if they want to get the maintenance amount enhanced, they may file an application under Section 127 Cr.P.C. but no order can be passed on a fresh application under Section 125 Cr.P.C., however, the Revisional Court has illegally entertained the revision petition filed by the petitioner and has ordered for enhancing the maintenance.