IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH, JAIPUR
O R D E R
S.B.CRIMINAL REVISION PETITION No.011745/2009
Juhurudeen vs. State of Rajasthan & Anr.
DATE: 25.07.2011
HON'BLE MR. JUSTICE NARENDRA KUMAR JAIN
Mr.Mohd.Shahid Hasan for Mr.Azad Ahmed,
for petitioner.
Mrs.Rekha Madnani, PP for State.
Mr.D.D. Khandelwal, for respondent No.2.
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1. Heard learned counsel for parties.
2. Petitioner/husband has preferred this revision petition challenging the order dated 27th November, 2008 passed by Additional Sessions Judge (Fast Track) No.4, Bharatpur Headquarter, Deeg in Criminal Revision Petition No.34/2008, whereby a revision petition filed by respondent No.2 was allowed and it was directed that respondent No.2 Mst.Sameena will be entitled to get maintenance from the date of application till 23rd September, 2001 @ Rs.500/- per month and from 24th September, 2001 onwards @ Rs.1,000/- per month.
3. There is a delay of 272 days in filing the revision petition, therefore, petitioner has filed an application under Section 5 of the Limitation Act. Petitioner has tried to explain the delay by mentioning that delay in filing the revision petition is not intentional and it is taken place due to reasons beyond the reasonable control of petitioner.
4. After considering the explanation furnished by petitioner, I am of the view that no satisfactory reason/explanation has been given by petitioner for delay of 272 days in filing the revision petition and as such delay cannot be condoned. The application under Section 5 of the Limitation Act deserves to be dismissed and the same is hereby dismissed.
5. Apart from above, I also examined the matter on merits. Learned Judicial Magistrate, First Class, Kaman vide its order dated 31st May, 2005 allowed maintenance in favour of respondent No.2 @ Rs.700/- per month from the date of order. Being aggrieved with the same, respondent No.2 preferred revision petition for grant of maintenance from the date of application and for enhancement of the amount of maintenance. Learned revisional court vide its order dated 27th November, 2008 granted maintenance @ Rs.500/- per month from the date of application i.e. 25th May, 1994 till 23rd September, 2011, the date of which the provisions of Criminal Procedure Code were amended and the maximum limit of Rs.500/- was deleted. Learned revisional court awarded Rs.1,000/- per month towards maintenance from 24th September, 2001 onwards.
5. Learned court below has discussed the facts and evidence available on record with regard to income of petitioner / husband and thereafter has awarded the amount of maintenance. I do not find any error or perversity in the order passed by learned Additional Sessions Judge so as to interfere with the same.
5. In view of above discussions, the revision petition is dismissed being barred by limitation as well as on merits.
(NARENDRA KUMAR JAIN),J.
Sanjay
IN THE HIGH COURT OF JUDICATURE FOR RAJASTHAN
AT JAIPUR BENCH, JAIPUR
O R D E R
S.B.CRIMINAL MISC. STAY APPLICATION No.19509 DATED 24TH NOVEMBER, 2009(INWARD NUMBER)
IN
S.B.CRIMINAL REVISION PETITION No.011745/2009
Juhurudeen vs. State of Rajasthan & Anr.
DATE: 25.07.2011
HON’BLE MR. JUSTICE NARENDRA KUMAR JAIN
Mr.Mohd.Shahid Hasan for Mr.Azad Ahmed,
for petitioner.
Mrs.Rekha Madnani, PP for State.
Mr.D.D. Khandelwal, for respondent No.2.
****
Since the main petition itself has been dismissed today, therefore, stay application does not survive and the same also stands dismissed.
(NARENDRA KUMAR JAIN),J.
Sanjay