DIWAKAR PRASAD JOSHI Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) Heard.

(2.) By means of this petition moved under section 482 of Code of Criminal Procedure, 1973 (for short Cr.P.C.), the petitioner has sought quashing of the order dated 26.04.2012, passed by learned Sessions Judge, Dehradun, in Criminal Appeal No. 38 of 2012, Diwakar Prasad Joshi vs Meera Joshi and another, and the order dated 18.04.2012, passed by the trial court whereby it has been directed that the petitioner should surrender his licensed revolver to the local police.

(3.) Learned counsel for the petitioner submitted that petitioner got married to respondent no. 2 Meera Joshi way back in the year 1988. They had two children out of the wed-lock (one son and a daughter). Admittedly petitioner is a businessman. The Magistrate has directed on a proceedings drawn by respondent no. 2 under Protection of Women from Domestic Violence Act, 2005, to pay maintenance @ Rs 6,000/- per month. On appeal, filed by the present petitioner the interim maintenance was reduced to Rs 4,000/- per month by the appellate court in its interim order. However, the appellate court did not interfere with the direction of the trial court to the present petitioner to deposit his licensed revolver with the police.