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2009 DIGILAW 431 (RAJ)

Pawan Kumar Jain v. Smt. Manju Jain

2009-02-10

BHANWAROO KHAN

body2009
JUDGMENT 1. - This criminal miscellaneous petition, under Section 482 of the Code of Criminal Procedure, 1973, has been filed on behalf of the petitioner against the order dated 19.01.2007 passed by the revisional Court, Special Judge, SC/ST (Prevention of Atrocities) Cases, Sawai Madhopur, whereby the revision preferred against the order dated 07.07.2006 of the Additional Chief Judicial Magistrate, 1st Class, Sawai Madhopur was rejected and the interim maintenance order passed by the trial Court was maintained. 2. Brief facts of the case are that the respondent wife, along with her two minor children filed a petition under Section 125 of the Cr.P.C., in which an interim order to pay maintenance @ Rs.1500/- each to the respondents, has been passed against the petitioner. 3. Heard learned counsel for the parties and perused the impugned orders passed by the Courts below. 4. As per the petition of the petitioner, it seems that the petitioner has raised the factual aspect of the matter. The income of the petitioner alleged to be Rs.3000/-, out of which Rs.1500/- has been ordered to pay to the respondents. But, thus it is not a ground to review the order in this petition under Section 482 of the Cr.P.C. 5. Admittedly, the respondent No.2 is the wife of the petitioner and the respondent Nos.2 and 3 are his minor children. More-so, it is not a final order. The revisional Court while having all details has passed the order maintaining the order passed by the trial Court. 6. There is no misuse of the authority or jurisdictional error of law in passing the said orders. 7. No interference is called for by this Court while exercising the inherent powers under Section 482 of the Cr.P.C., therefore, it deserves to be dismissed. 8. Consequently, this miscellaneous petition stands dismissed.Petition dismissed. *******