Juveda vs Yunish Khan

Rajesh Kumar Gupta, J

This petition under Section 482 of Cr.P.C. has been preferred by the petitioner for quashment of impugned order dated 16.09.2025 passed by the

II Additional Sessions Judge, Sabalgarh, District Morena in Criminal Revision No.55/2025, whereby Revisional Court has erroneously set aside the order dated 10.03.2025 passed by the Judicial Magistrate First Class, Sabalgarh, District Morena.

Learned counsel for the petitioner has submitted that the petitioner was granted maintenance of Rs.4,000/- per month vide order dated 16.10.2019 in MJC No. 18/2010. The revision filed by respondent against the said order was dismissed on 13.01.2021. Thereafter, respondent willfully and deliberately stopped paying any maintenance, causing the arrears to accumulate to over Rs.5,00,000/-. Respondent adopted dilatory tactics, including refusing to accept court notices, compelling the petitioner to initiate multiple proceedings for recovery. The petitioner has filed an application for recovery of maintenance amount from the provident fund and other retiral dues of respondent which was allowed by the Trial Court. Petitioner has filed another application for attachment of the pension of respondent to prevent future defaults and repeated litigation, which was allowed by the trial court vide order dated 10.03.2025.

3 . It is further submitted by the counsel for the petitioner that revisional Court has gravely erred in setting aside the trial court's order on the ground of violation of principles of natural justice. Revisional Court has completely ignored the long and troubled history of the litigation, particularly the consistent and wilful default on the part of respondent in paying maintenance. Therefore, it is prayed that this petition has been allowed and order dated 16.09.2025 (Annexure P/1) may kindly be quashed.

Heard the learned counsel for the petitioner.

5 . It is well settled that the scope of revisional jurisdiction is limited and the revisional Court cannot act as an Appellate Court by re-appreciating the evidence unless the order under challenge suffers from gross illegality, material irregularity or perversity.

After perusal of the order dated 10.03.2025 passed by the Judicial Magistrate First Class, Sabalgarh, District Morena, it is evident that the Magistrate has passed a reasoned and speaking order, after considering the relevant facts and applying correct legal principles. No jurisdictional error or perversity can be attributed to the said order.

Contrary to this, the revisional Court, while passing the impugned order dated 16.09.2025 has travelled beyond the settled parameters of revisional jurisdiction and has set aside the Magistrate’s order merely on reassessment of facts, which is legally impermissible.

8.Therefore, considering the overall facts and circumstances of the case, this Court is of the considered opinion that the impugned revisional order has resulted in miscarriage of justice and warrants interference under the inherent powers of this Court to secure the ends of justice and to prevent abuse of the process of law.

Accordingly, this petition is allowed. The impugned order dated 16.09.2025 (Annexure P/1) passed by II Additional Sessions Judge, Sabalgarh, District Morena in Criminal Revision No.55/2025 is hereby quashed and the order dated 10.03.2025 (Annexure P/2) passed by Judicial Magistrate First Class, Sabalgarh, District Morena is hereby affirmed and restored.

It is made clear that the proceedings shall continue in accordance with law on the basis of the order passed by the Judicial Magistrate First Class, Sabalgarh District Morena.

The petition is allowed and disposed of in above terms.