LAWS(RAJ)-2007-7-155

AKBAR KHAN Vs. STATE OF RAJASTHAN AND ANR.

Decided On July 26, 2007
AKBAR KHAN Appellant
V/S
State Of Rajasthan And Anr. Respondents

JUDGEMENT

(1.) By the instant criminal misc. petition under Sec. 182 Cr.F.C., the petitioner has challenged the order dated 5.9.2006 passed by the Sessions Judge, Churu (for short 'the revisional Court' hereinafter) whereby the revision petition filed by the petitioner against the order dated 6.8.2005 passed by Judicial Magistrate, Churu (for short 'the trial Court' hereinafter) was dismissed.

(2.) I have heard learned counsel for the parties. Carefully gone through the orders passed by the Courts below.

(3.) It is contended by learned counsel for the petitioner that the petitioner failed to pay the monthly allowance of maintenance to the respondent No.2 as directed by the trial Court and for which a warrant of arrest was issued against the petitioner and the petitioner is prepared to undergo the sentence awarded in default of payment of monthly allowance of maintenance and therefore, when the petitioner is prepared to undergo the sentence, the maintenance amount cannot be realized.