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Judgment
T.P. Sharma, J.
This revision petition is directed against the order dated 30.06.2003 passed by the Sixth Additional Sessions Judge (F.T.C.) Surajpur in Criminal Revision No. 19/02 modifying the order dated 19.10.2002 passed by the Additional Chief Judicial Magistrate, Surajpur in Criminal Case No. 238/97.
It is argued on behalf of the applicant that the order impugned suffers from illegality.
Counsel for the parties heard.
Order impugned and record of the trial court perused.
Originally, on 24.12.1999 in Misc. Criminal Case No. 238/97 conditional maintenance was passed by the Additional Chief Judicial Magistrate, Surajpur relating to the non-applicants. Application u/s 128 of the Code of Criminal Procedure, 1973 (hereinafter referred to as, the Code'') was filed on behalf of the non-applicants for enforcement of the order. After giving an opportunity of hearing to the parties, the trial court has rejected the application vide order dated 19.10.2001. Against the said order, revision was preferred on behalf of the non-applicants. After hearing both the parties, the order of the trial court was partly modified by the revisional court and directed the applicant to pay maintenance in terms of the original order dated 24.12.1999. The applicant is under legal obligation to maintain his minor children i.e. respondent No. 2.
The revisional court has not committed any illegality while passing the order impugned. I do not find any substance in the revision.
Consequently, the revision is dismissed at the stage of admission.
In view of the above order, M.(Cri) P. 2381/2003 and I.A. No. 3024/ 2003 stand disposed of.