K.S.Rakhra, J. - (1.) Heard Sri Rajendra Kumar Dwivedi, Advocate for the petitioner APP for opposite party Nos. 1 and 2 and Bhupendra Veer Singh for opposite party No. 5 and perused the record.
(2.) The opposite party Nos. 3 and 4 claiming to be the wife and the son of the petitioner made an application under section 125, Cr. P.C. for grant of maintenance. The said application has been allowed. The petitioner made an application under section 126 (2), Cr. P.C. for setting aside the said order but it has been rejected by the Magistrate concerned. The revision against the said order is pending.
(3.) The petitioner has retired from Government service and his retiral benefits are yet to be paid to him. The opposite party Nos. 3 and 4 made an application under section 128, Cr.P.C. for issuing recovery warrant. The Magistrate vide his order dated 20.10.2004 has stopped all the retiral benefits due the petitioner and has directed recovery warrant to be issued.;