Yogendra Kumar Sangal, J. - (1.) THIS petition has been filed by the Petitioner with the prayer to set aside the judgment and order dated 02.07.1998 passed in Criminal Case No. 2/98 and order dated 14.07.2004 passed in Criminal Revision No. 150/98 as well as in Criminal Revision No. 181/98 contained in Annexures No. 1 to 3 to the petition.
(2.) HEARD learned Counsel for the Petitioner, learned AGA for the State and perused the record. Although counter affidavit was filed on behalf of the Respondents No. 2 and 3 but nobody appeared on their behalf.
(3.) AN application under Section 125 Code of Criminal Procedure was moved on behalf of the Respondents No. 2 and 3 and one Sandeep for direction to the opposite party/Petitioner for paying the monthly allowance for their maintenance. Written statement was filed on behalf of the Petitioner in the trial court. After recording the evidence adduced on behalf of the parties and hearing the parties and perusing the record by order dated 02.07.1998, learned Magistrate had allowed the application under Section 125 Code of Criminal Procedure and ordered for paying maintenance amount by the Petitioner Rs. 500/ -per month to the opposite party No. 2 and 3 from the date of the order of the court. Aggrieved by this order, Petitioner has filed a Revision No. 150/1998 and Smt. Kiran have also filed a Revision No. 181/98 challenging the order of the trial court saying that this should have been awarded from the date of the presentation of the application. Revision filed by the Petitioner was dismissed and on the other hand revision filed by the Respondent was allowed. Aggrieved by both these orders, this petition under Section 482 Code of Criminal Procedure was moved.;