Toufique Uddin, J. - (1.) THIS revision application arose out of an order dated 17.7.2010 passed by the learned Judicial Magistrate, 1st Class, Kandi, Murshidabad in Misc. Case No. 126 of 2008 with T.R. No. 1258 of 2008 in proceeding under Section 125(1) of the Code of Criminal Procedure. None appears on behalf of the petitioner as well as State. Heard the learned counsel for the O.P. No. 1, the mother of the present petitioner.
(2.) THE background in a nutshell of this revision is that O.P. No. 1 being the mother of the present petitioner filed a case under Section 125 of the Code of Criminal Procedure in the court below on the ground of neglect and refusal with a prayer for maintenance amount of Rs. 4000/ -p.m. by stating that the petitioner is a government employee in the Irrigation Dept. having a monthly salary of Rs. 15000/ - p.m. But he is not maintaining the O.P. No. 1. On the other hand, the present petitioner (O.P. No. 2) contested the maintenance case by filing written statement admitting that he is an employee of the government but disputing his amount of monthly salary and stated that his mother has other two sons having sufficient properties left by her father and his mother is also enjoying the property left by his father. Further, it was contended by him that the petitioner is always willing to maintain her mother and he sent money order but she is not accepting the same and now she is well maintained by his other two brothers.
(3.) IT was also stated that in order to deprive the petitioner his mother and other two brothers has captured the property left by his father by way of executing some forged deeds and that is why the petitioner has filed T.S. No. 35 of 2008. Thereafter, the O.P. has filed the M. Case under Section 125 of the Code of Criminal Procedure and he prayed for dismissal of the case therein.;