- (1.) FOR realising maintenance granted by the Magistrate under section 125 C. P. C. Mst. Raisa prayed to the Magistrate to get the pro-perty movable and immovable attached and sold. Asik Ali father-in-law of Mst Raisa has filed this criminal miscellaneous petition under Section 482 Cr. P. C. on the ground that without specification of the property attachment has been done and the Magistrate has no jurisdiction to proceed in this arbitrary manner.
(2.) AFTER hearing Mr. Tibrewal I find that the enquiry is already going on in this respect because the last order sheet, copy of which has been produced by Mr. Tibrewal himself dated 16th May, 1986 mentioned that summary enquiry is required to be done and the objector should produce his evidence on 7th June, 1986. Mr. Tibrewal is not in a position to submit that what happened after this date and actually what is the stage of the case. Be that as it may, I am of the opinion that Mst. Raisa cannot be left high and dry. Non-payment of maintenance by her husband, who is primarily responsible for it is a serious matter. It is true that proceedings must be taken according to law and under the garb of giving relief to Mst. Raisa arbitrariness should not be resorted to by the court. It is equally true that if substantial justice is being done this court would not interfere under its extra ordinary powers of Section 482 Cr. P. C. which is to be used in rare cases when there is abuse of process of court. However Mr. Tibrewal realising all the above himself prays that the lower court may be directed to decide the objections and without deciding them not to auction the property. This appears to be fair and reasonable.
(3.) SINCE the lower court itself is making enquiry as per directions given in the last order sheet, no formal order is required. However, it is desired that the enquiry should be completed soon and no coercive process should be adopted in respect of the sale of the property without adjudicating the objections according to law. With the above observations the application under section 482 Cr. P. C is dismissed. .;