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1986 Supreme(Kar) 177

M.S.PATIL
IBRAHIMSAB – Appellant
Versus
FARIDABI – Respondent


PATIL J.

( 1 ) IN this criminal petition filed under s. 482 Cr. P. C. , the petitioner has sought to challenge the legality and correctness of the order dated 12-1-1984 passed by the Sessions Judge, Dharwad, in Criminal revision Petition No. 78/83, whereby he has dismissed the application made by the petitioner for re-admitting the revision petition filed by him and dispose of the same on merits.

( 2 ) THE petitioner is the husband of the respondent. The respondent made an application under S. 125 of the Code of criminal Procedure before the Magistrate, Hangal, in Mis. No. 19/83 and succeeded in obtaining an order of maintenance at the rate of Rs. 80/- per month. The petitioner, it would appear, was not present and had not participated in the proceedings before the Magistrate. He approached the Ses ions Judge in revision questioning the legality and correctness of that order of maintenance made by the Magistrate in his absence. For one or the other reason, the counsel for the petitioner before the Sessions judge being not present, the learned sessions Judge proceeded to dismiss the revision fordefault. The petitioner, therefore, made application before the sessions Judge to re-admi



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