MUNI KUMARI @ MUNIYA KUMARI Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) Petitioner Muni Kumari @ Muniya Kumari has invoked the inherent jurisdiction of this Court under Section 482, Code of Criminal Procedure for quashment of the order impugned dated 8.12.2008, passed in Criminal Revision No. 8 of 2007, by the learned Sessions Judge. Lobardaga, wherein the order passed in Maintenance Case No. 14 of 2000, in a proceeding under Section 125, Code of Criminal Procedure, by the learned Additional Chief Judicial Magistrate, Lohardaga was reversed and the criminal revision was allowed.

(2.) The case of the petitioner in short was that he had filed a petition under Section 125 Code of Criminal Procedure claiming maintenance from the opposite party No. 2 Jogendar Gope on the basis of live in relationship and it was further alleged that on the pretext of marriage, opposite party No. 2 had emotionally and sexually exploited her and a daughter was also born to them. After recording the evidence, the learned Additional Chief Judicial Magistrate, Lohardaga in the final order granted maintenance to the tune of Rs. 500 per month to the petitioner Muni Kumari @ Muniya Kumari calling upon the opposite party No. 2 Jogendar Gope to pay such amount. Opposite party No. 2 then preferred Criminal Revision No. 8 of 2007 before the learned Sessions Judge, Lohardaga in which the opposite party No. 1 - petitioner appeared and contested the criminal revision and the learned Sessions Judge by the order impugned dated 8.12.2008 allowed the revision observing--

(3.) Heard Mr. Atanu Banerjee the learned Counsel appearing on behalf of the petitioner as also. Mr. P.P.N. Roy, the learned Senior Counsel appearing for the opposite party No. 2.