Court No. - 34 Case :- CRIMINAL MISC. WRIT PETITION No. - 26592 of 2009 Petitioner :- Amar Bahadur Respondent :- State Of U.P. And Others Petitioner Counsel :- Rajesh Kumar Shukla Respondent Counsel :- Govt. Advocate Hon'ble Ram Autar Singh,J.
Heard Sri Rajesh Kumar Shukla, learned counsel for the
petitioner, learned AGA for respondent no. 1 and perused
the record.
This petition has been moved under Article 226 of the
Constitution of India with prayer to qush the order dated
14.10.2009, passed by In-charge Sessions Judge, Jaunpur
and order dated 24.8.2009, passed by Judicial Magistrate,
Ist Jaunpur in Criminal Case No. 218 of 2004 (Sushma Vs.
Amar Bahadur), under section 125 Cr.P.C. P.S. Mungara
Badshahpur, District Jaunpur.
It has been contended on behalf of the petitioner that the
learned Magistrate allowed the application moved under
section 125 Cr.P.C. and granted maintenance allowance to
respondent no. 2, while she re-married with her brother-in-
law Siyaram in respect of which, the petitioner moved an
application for setting aside order to grant maintenance
allowance before Judicial Magistrate, Jaunpur, but the said
application was dismissed. The petitioner then preferred
revision against the said order, which was also summarily
dismissed.
It transpires from the record that learned Magistrate
observed that the evidence would be required in order to
prove the factum of second marriage of respondent no. 2
and thereafter proper order could be passed and the learned
Magistrate fixed 24.9.2009 for evidence of petitioner, but
instead of producing any evidence on the date fixed, he
preferred revision and then it was dismissed.
In view of above facts and circumstances of the case this
writ petition cannot be allowed because the learned
Magistrate has directed the petitioner to produce the
evidence in support of the allegation relating to second
marriage of respondent no. 2.
Consequently, this writ petition is dismissed and the
petitioner is directed to produce evidence with regard to
second marriage of respondent no. 2 in the court below and
thereafter the learned Magistrate will pass the appropriate
order.
Order Date :- 4.1.2010
AR