- (1.) R. K. Rastogi, J. This is a writ petition for quashing the order dated 19-7-2006 (Annexure 5 to the writ petition) passed by the Additional Chief Judicial Magistrate, Basti in Complaint Case No. 537/2000, Smt. Urmila v. Kamlesh, and the order dated 4-11-2006 (Annexure No. 7 to the writ petition) passed by the Sessions Judge, Basti in Criminal Revision No. 862/2006 which has arisen out of the aforesaid order dated 19-7-2006.
(2.) THE facts relevant for disposal of this writ petition are that Smt. Urmila, opposite party No. 2 in the present writ petition had filed an application under Section 125 Cr. P. C. against the petitioner Kamlesh (complaint No. 537 of 2000) with these allegations that her marriage had taken place with the petitioner Kamlesh. THEir 'gaona' was performed five years after marriage. THEreafter she came to the house of Kamlesh and resided with him. Kamlesh got employment at Babhnan Sugar Factory. THEn Kamlesh and his family members started to demand Rs. 50,000/- in cash, Motor-cycle and Television in dowry. Her parents were very poor and they were unable to meet these demands. THEn about two months ago, Kamlesh and his other family members obtained her signatures forcefully on some plain and stamp papers and forced her to leave the house threatening that unless and until she arranges Rs. 50,000/- they would not keep her in their house. THEy kept her ornaments worth Rs. 30,000/- and other items given at the time of marriage worth Rs. 50,000/- with them. Since then she is residing at her parents' house and her parents are not in a position to maintain her. Kamlesh has got employment in Sugar Factory and is getting Rs. 6,000/- per month as salary. He has got agricultural field and garden. He has also got grinding machine, other machines and a tube-well and he earns Rs. 25,000/- per month from these business. She, therefore, claimed Rs. 5,000/- per month as maintenance. Since Kamlesh did not appear to contest the above case, it was heard ex parte and was decided ex parte vide judgment dated 10-3-2002 and a sum of Rs. 1,000/- per month was allowed to Smt. Urmila as maintenance. Thereafter Kamlesh appeared in the Court and moved an application for setting aside the above ex parte order in which he stated that did not receive any information of this case prior to 23-4- 2002. The notice addressed to him which was kept in the file of the case did not bear his signature and his forged signature was prepared on it. His marriage had taken place with Urmila in childhood and he did not remember at which time his marriage had taken place with Urmila, but he and Urmila had dissolved this marriage long ago, and they were not husband and wife. He is not employed any where. He is still a student of LL. B. Urmila had remarried a person named Jaswant and she is residing with him. Learned Magistrate after hearing Urmila and Kamlesh allowed the application for setting aside the above ex parte judgment vide his order dated 20-8-2002 on payment of Rs. 500/- as costs. It was further ordered that if the amount of cost is not paid, this order shall automatically stand vacated.
(3.) IT appears that the above amount of costs was paid and so the case was fixed for rehearing. This time Urmila moved an application for interim maintenance and date 19-7-2006 was fixed for its disposal. Kamlesh moved an adjournment application on that date. Urmila submitted that she was on the verge of starvation and the presiding officer, with a view to provide some immediate relief to her, allowed the adjournment application on payment of Rs. 500/- as costs and fixed 29-8-2006 for hearing of the application for interim maintenance. Aggrieved with the above order awarding costs of Rs. 500/- Kamlesh filed criminal revision No. 862 of 2006 which was dismissed by the Sessions Judge Basti vide his order dated 4-11-2006. Aggrieved with these orders dated 19-7-2006 and 4-11-2006 Kamlesh filed this writ petition. I have heard the learned Counsel for the petitioner and learned A. G. A. for the State at the admission stage on the merits also of the revision, and so now I am deciding it finally at the admission stage.;