High Court Rajasthan High Court - Jodhpur

Richpal vs Smt Vidhya on 14 September, 2009

Rajasthan High Court – Jodhpur
Richpal vs Smt Vidhya on 14 September, 2009
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                                        S.B.Cr.Revsion Petition No.364/2009

    IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
                           AT JODHPUR

                              ORDER

    S.B.CRIMINAL REVISION PETITION NO.364/2009

                            Richpal
                               Vs.
                         Smt.Vidhya Devi


                 Date of Order     ::   14/09/2009


                             PRESENT


              HON'BLE MR.JUSTICE H.R.PANWAR


Mr.R.S.Gill, for the petitioner.
Mr.Kailash Khatri, for the non-petitioner.


BY THE COURT:

The instant criminal revision petition under Section

397/401 Cr.P.C. is directed against the order dated 24.2.2009

passed by Additional Sessions Judge (Fast Track), Anoopgarh,

Headquarter Suratgarh (for short, “the Appellate Court”

hereinafter) whereby the appeal filed by the petitioner against

the order dated 3.9.2008 passed by Additional Chief Judicial

Magistrate, Suratgarh (for short, “the trial Court” hereinafter),

was dismissed.

I have heard learned counsel for the parties.

Carefully gone through the orders passed by both the courts

below as also record of the trial court.
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S.B.Cr.Revsion Petition No.364/2009

The non-petitioner-Smt.Vidhya Devi who is legally

wedded wife of the petitioner filed a petition under Section 23

of the Protection of Women from Domestic Violence Act, 2005

(for short, “the Act of 2005” hereinafter) before the trial court.

Along with the petition, an application seeking interim monthly

allowance of maintenance has also been filed. The trial court by

order dated 3.9.2008 granted interim monthly allowance of

maintenance at the rate of Rs.1000/- per month in favour of

the non-petitioner. From the perusal of the orders impugned, in

my view, both the courts below were justified in passing the

orders impugned. I do not find any error or illegality in the

orders impugned warranting interference in revisional

jurisdiction.

The criminal revision petition is, therefore,

dismissed. Record of the trial court be returned forthwith.

(H.R.PANWAR), J.

NK
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S.B.Cr.Revsion Petition No.364/2009

S.B.CRIMINAL MISC.STAY PETITION NO.719/2009
IN
S.B.CRIMINAL REVISION PETITION NO.364/2009

Date of Order :: 14/09/2009

HON’BLE MR.JUSTICE H.R.PANWAR

Mr.R.S.Gill, for the petitioner.

Mr.Kailash Khatri, for the respondent.

Since the criminal revision petition itself has been

dismissed, the stay petition also stands dismissed.

(H.R.PANWAR), J.

NK