Dharam Chand Thappar vs Vijay Kumar Jain

Ujagar Singh, J.—This is a petition u/s 482 of the Code of Criminal Procedure, 1973 (Act 2 of 1974) (hereinafter called the Code), for revising the impugned order passed by the Chief Judicial Magistrate, Patiala in an application u/s 125 of the Code, awarding interim maintenance at the rate of 300/- p.m. This order was made in the main proceedings u/s 125 of the Code which are still pending. So far as this order is concerned, it has determined finally about the quantum of interim maintenance amount to be paid pending the main petition. Although there is no provision in the Code for such an application being made, but following the dictum of the Supreme Court, such Interim maintenance is being allowed. This order cannot be called an interim order in any sense of the term, as held by me in Sumer Chand v. Sandhuran Rani, Cr. M. 2500-M of 1987, decided on 11-5-87 wherein I have held that such an order is not an Interim order. In view of this, a petition u/s 482 is not maintainable, because there is a remedy available to the petitioner to go in revision before the Court of Session for challenging this order. This petition is, therefore, dismissed on this technical ground only.

The amount already deposited will remain deposited in this Court and its payment will be subject to the order made by the Court of Session in revision petition.