SURENDRA PRADHAN Vs. STATE OF JHARKHAND
LAWS(JHAR)-2015-2-129
HIGH COURT OF JHARKHAND
Decided on February 06,2015

Surendra Pradhan Appellant
VERSUS
STATE OF JHARKHAND Respondents

JUDGEMENT

RONGON MUKHOPADHYAY, J. - (1.) HEARD learned counsel for the petitioner and learned counsel for the State.
(2.) IN this application, the petitioner has prayed for quashing the order dated 19.1.2002, passed by the learned First Additional District Judge, Jamshedpur in Cr. Revision No. 50 of 2001, whereby and whereunder the order dated 26.3.2001 passed by Shri A.K. Modi, learned Judicial Magistrate, 1st class, Jamshedpur in Miscellaneous Case No. 14/1999, by which the petitioner was directed to pay maintenance of Rs.500/ - each to the opposite party no. 2 and 3, has been affirmed.
(3.) AN application was filed by the opposite party no. 2 herein under section 125 of the Code of Criminal Procedure, in which it was stated that the marriage of the petitioner and the opposite party no. 2 was solemnized on 19.4.1993 as per Hindu rites and customs. It was stated therein that out of the said wedlock, the couple was blessed with a male child on 22.3.1993. It was also alleged that since the opposite party no. 2 was driven away by the petitioner, she took shelter at her father's house and since the petitioner was not maintaining her, as such the application under section 125 Cr.P.C. was preferred. After notice was issued, the petitioner had appeared and filed a show cause. An order was passed by the learned Judicial Magistrate, 1st class, Jamshedpur on 26.03.2001, wherein the petitioner was directed to pay maintenance allowance of Rs.500/ - each to the opposite party no. 2 and 3. He was further directed to pay the maintenance allowance from 16.3.1999 at the end of every month. Against the aforesaid order dated 26.3.2001, the petitioner preferred a revision being Cr. Revision No. 50 of 2001. However, it was dismissed vide order dated 19.1.2002 and which order is under challenge in this present application.;


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