( 1 ) THE respondents who are the wife and children of the petitioner, have filed two petitions for maintenance u/s 125 Cr. P. C. i. e. , M. C. Nos. 7/ 84 and 4/85, in the Court of the II Additional Munsif Magistrate, Ongole, who by his order dt. 24-2-1987, granted them maintenance @ Rs. 200/- per month. Not satisfied with that, they preferred a revision to the Sessions judge, who enhanced the maintenance to Rs. 275/- per month by his order dt. 13-4-1988. Then they have filed Crl. M. P. No. 785/88 in the Court of the II Additional Munsif Magistrate for enforcing the arrears of maintenance of Rs. 7,525/- by sending the petitioner to jail. The learned Magistrate ordered that the petitioner should be sent to jail for a period of 24 months. Against that, a revision was filed in Crl. Revision Petition No. 123/ 88 before the Additional Sessions Judge, Ongole, which was dismissed. As against that, this petition is filed.

( 2 ) THE learned counsel for the petitioner referred to the proviso to sub sec. (3) of Section 125 Cr. P. C. which reads as follows :"sec. 125 (3) : If any person so ordered fails without sufficient cause to comply with the order, any such Magistrate may