RAJESH Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) Petitioner has preferred separate petitions by post to the Court from jail stating therein that he had engaged an advocate and was under the impression that the appeal has been filed and since no appeal has been filed, he wants to prefer these petitions from jail. Delay in filing these revision petitions was condoned by the Court and Shri Shyam Vyas, Advocate was appointed as amicus curiae.

(2.) All the connected revision petitions are taken up together for disposal.

(3.) It is contended by the learned amicus curiae that the Court below while passing the impugned order dt. 25/1/2016, passed separately in each of the case, has directed that the petitioner be retained in custody for a period of 11 months in Criminal Revision No.1219/2017, for a period of 12 months in Criminal Revision No.1220/2017, for a period of 12 months in Criminal Revision No.1221/2017 and for a period of 23 months in Criminal Revision No.1222/2017. The only contention raised by learned amicus curiae is that as per the provisions of Sec. 125(3) Cr.P.C., the Court is not empowered to pass an order of imprisonment for a term exceeding one month. He has placed reliance on a judgment of the Hon'ble Supreme Court in ( Sahada Khatoon and Ors. vs. Amjad Ali and Ors , 1999 CrLJ 5060) wherein, the Apex Court has held that sub-Sec. (3) of Sec. 125 Cr.P.C. circumscribes the power of a Magistrate to impose an imprisonment to a term which may extend to one month or until the payment, if sooner made. This power of the Magistrate cannot be enlarged and therefore, the only remedy would be after expiry of one month for breach of non-compliance of the order of Magistrate the wife can approach again the Magistrate for similar relief. The Apex Court further observed that by no stretch of imagination the Magistrate can be permitted to impose sentence for more than one month. In the present cases, the Magistrate has imposed a sentence for a period of 11 months in one case, for a period of 12 months in two case and for a period of 23 months in one case.