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Madhya Pradesh High Court · body

2000 DIGILAW 773 (MP)

Siddhar v. Kamla

2000-08-04

MAITHLI SHARAN

body2000
Short Note This is petition under section 482, CrPC filed by the husband against the non-petitioner-wife. The brief facts of this case are thus : The non-petitioner-wife filed an application under section 125, CrPC against the petitioner in the court of Judicial Magistrate, First Class, Sabalgarh, claming maintenance. The learned trial Court by its order dated 17.1.1998 allowed the said application and granted maintenance allowance at the rate of Rs. 500/- per month from the date of the order. The petitioner filed Revision Petition No. 130/98 in the Court of Session against the order of the learned trail Court. The learned Additional Session Judge. Sabalgarh, Distt. Morena, party allowed the revision petition and reduced the maintenance amount from Rs. 500/- per month to Rs. 250/- per month from the date of the order of the trial Court i.e. 17.11.1998. Now the petitioner has filed this petition under section 482, CrPC invoking the inherent powers of this Court. I have heard the learned counsel on both the side and have perused the record of the case. At the outset, it is pertinent to note that this is a petition under section under section 482, CrPC but it has nowhere been mentioned as to where and at what stage there had occurred abuse of the process of the Court or for that matter miscarriage of justice had occurred. Since the petitioner was aggrieved by the order of the trail Court, hence, he moved the Revision Court. His revision was partly allowed, the maintenance amount as granted by the trail Court was reduce from Rs. 500/- per month to Rs. 250/- per month. Now again the petitioner has moved this petition under section 482, CrPC which, apparently enough, appears to be a second revision in the garb of petition u/s 482, CrPC, invoking the inherent powers of this Court. The only contention raised by the learned counsel for the petitioner is that the trail Court had not given him opportunity to adduce defence evidence. Looking to the impugned order passed by the learned Additional Sessions Judge, I find that this point was raised therein and it was decided by him against the petitioner. This point cannot be agitated again under the inherent powers of this Court. Thus, I do not find any substance and merit in this petition filed under section 482, CrPC. It is, therefore, dismissed.