AI Structured Summary
Not yet generated for this judgment
Judgment
Rule. Rule is made returnable forthwith. Heard finally with the consent of the parties.
Heard Mrs. Charlewar, the learned counsel for the applicant. None for the non-applicants, though they are served with the notice of final disposal of the application.
The non-applicants filed proceedings under Section 125 of the Code of Criminal Procedure against the present applicant vide
Misc. Criminal Case No. 89/2009. The learned Judicial Magistrate, First Class, Sakoli on 16.1.2013 allowed the said application and directed to the present applicant that he shall pay maintenance of Rs.1,000/- per month to the non-applicant no.1 and Rs.500/- per month to the non-applicant no.2 from the date of the application.
Feeling aggrieved thereby, the present applicant/ husband filed revision before the Sessions Court, Bhandara which was registered as Criminal Revision No.20/2013. The learned Sessions Judge on 09.4.2014 dismissed the revision for not paying the paper book charges. It is that order the applicant is challenging before this Court.
The learned Additional Sessions Judge has shown too technical approach in respect of adjudicating the lis which was pending before him. The opportunity ought to have been given to the applicant/husband to deposit the paper book charges and ought to have decided the revision on its own merits. In my view, the impugned order cannot stand to the scrutiny of law. Hence, I pass
the following order :
ORDER
(i) The order dated 09.4.2014 passed by the learned Principal District and Sessions Judge, Bhandara in Criminal Revision
No. 20/2013, dismissing the revision in default for non-payment of paper book charges is hereby set aside.
(ii) The applicant is directed to deposit the paper book charges in the Court of the learned Principal District and Sessions Judge, Bhandara within two weeks from today.
(iii) Criminal Revision No.20/2013 is restored to the file of learned Principal District and Sessions Judge, Bhandara. The learned Sessions Judge shall issue fresh notice to the present non-applicants and shall decide the revision on its own merits after following the principles of natural justice.
(iv) The present applicant is directed to deposit the entire amount of arrears of maintenance before the learned
Revisional Court within a period of six weeks from today. On such deposit, the non-applicants will be entitled to withdraw the said amount since it is against arrears of maintenance.
(v) The criminal application is partly allowed and disposed of. Rule accordingly. No costs.