- (1.) This is an application under Seetion 401 read with Section 482 of the Code of Criminal Procedure filed at the instance of Barik Seikh seeking to set aside and/or quashing the impugned order dated 29 6-2001 passed by the Learned Judicial Magistrate, 2nd Court, Jangipur in Case No, 113/1995 (T.R. No. 59/2000) in a proceeding under Section 125 of the Code of Criminal Procedure.
(2.) The short facts leading to the filing of this revisional application are as follows : The present petitioner and the Opposite Party No. 2 were married on the 16th of Ashar of B. S. 1398 in accordance with Mohammedan rites and customs against an amount of Rs. 251/- agreed upon as dower payable by the petitioner to the Opposite Party No. 2.
(3.) On 31-5-1995 the Opposite Party No. 2 herein filed an application under Section 125 of the Cr. P.C. before the Court of the Ld. S.D.J.M., Jangipur Murshidabad, inter alia, praying for an order of maintenance amounting to Rs.'600/- per month for herself and Rs. 400/- p.m. for her minor daughter against the petitioner and the said application was registered as M. R. No. 113/1195 and the same was heard ex parte in absence of the petitioner and was disposed of by an ex-parte order dated 20-1-1996 directing the petitioner herein to pay monthly maintenance of a sum of Rs. 500/-to the Opposite Party No. 2 and a sum of Rs. 250/- per month in favour of the minor daughter of the petitioner.;