S.C. Chaurasia, J. - (1.) HEARD Sri S. Saifullah, learned counsel for the revisionist, Sri Akhilesh Kumar Dwivedi holding brief of Sri S.K. Upadhyaya, learned counsel for the opposite parties no. 2 & 3, learned A.G.A. and perused the record.
(2.) THIS revision has been preferred against the impugned order dated 20 -08 -2011 passed by learned Civil Judge(J.D.)/Judicial Magistrate, Deoband, District -Saharanpur, in Miscellaneous Case No. 70 of 2010, Smt. Gufrana Versus Mohammad Mahmood, impugned order dated 23 -04 -2010 passed by the Judicial Magistrate, Court No. 2, Deoband, District -Saharanpur in Case No. 157 of 2008, Smt. Gufrana Versus Mohammad Mahmood and the impugned order dated 09 -05 -2011, passed in Case No. 14 of 2011, Smt. Gufrana Versus Mohammad Mahmood, whereby the application under section 125 Cr.P.C., was allowed ex -parte and the application for recall of the order was rejected and the recovery warrant for realisation of maintenance allowance was ordered to be issued. From perusal of the record, it transpires that the application under section 125 Cr.P.C., was moved on behalf of the applicants/opposite parties no. 2 & 3 for grant of maintenance allowance against the revisionist, Mohammad Mahmood, and the revisionist appeared in the said case, but, did not file any Written Statement inspite of time provided to him and hence, the case proceeded ex -parte against him.
(3.) ON the basis of evidence produced by the applicants, the application was allowed ex -parte vide impugned Judgment & order dated 23 -04 -2010 and the revisionist was directed to pay a sum of Rs. 700/ - to his wife, Smt. Gufrana and a sum of Rs. 300/ - to his son, Belal, as maintenance allowance from the date of the judgment/order. The revisionist moved application under section 126(2) Cr.P.C. for setting aside the ex -parte judgment/order, but, the said application was also rejected on 28 -03 -2011 in his absence. Thereafter, he moved another application to recall the said order and the said application was rejected on merits vide order dated 20 -08 -2011. Thereafter, the warrant for recovery of maintenance allowance was ordered to be issued against him.;