SADAK KHAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) This criminal misc. petition under section 482 Cr.P.C. has been filed by the petitioner against the order dated 06.03.2013 passed by the Judge, Family Court, Bikaner (for short 'the family court' hereinafter), whereby the family court has allowed the restoration application filed by respondent No.2 and set aside the order dated 12.10.2011 passed by Judicial Magistrate (Jr.Div.) No.3, Bikaner, whereby the application under section 125 Cr.P.C. filed by the respondent Nos.2 to 4 was dismissed on account of non-prosecution.

(2.) While allowing the restoration application, the family court has observed that from the record of the case, it is clear that the evidence of the respondent Nos. 2 to 4 had already been recorded and the matter was fixed for evidence of the petitioner and, therefore, there was no need of the presence of the respondent Nos.2 to 4 before the court when the matter was fixed for evidence of the petitioner. The family court has also taken into consideration the affidavits filed by the learned counsels for the respondent Nos. 2 to 4, wherein they have stated that on 12.10.2011, the court had fixed the next date of hearing as 13.10.2011 but due to inadvertence, the application of the respondent Nos. 2 to 4 under section 125 Cr.P.C. was dismissed and immediately on the next date i.e. 13.10.2011, the application for restoration was moved.

(3.) Upon careful perusal of the impugned order dated 06.03.2013, this Court does not find any illegality in the same as the application of the respondent Nos. 2 to 4 under section 125 CrPC was wrongly dismissed by the court and the family court has simply restored the said application. Hence, there is no force in this criminal misc. petition and the same is hereby dismissed.