JUDGMENT - A.B. PALKAR, J.:---Rule. Shri G.G. Modak, the learned Counsel for respondent No. 1, accepts service of rule and Shri A.S. Sonare, the learned Additional Public Prosecutor accepts the same on behalf of State. Rule. Heard forthwith by consent.

2.This petition raises a very simple point regarding jurisdiction of the Magistrate to decide an application for maintenance under section 125 of the Criminal Procedure Code, on the basis of an affidavit. The petitioner herein was a respondent in proceeding under section 125 commenced at the instance of the present non-applicant respondent No. 1 Kalpana Shankar Gohane. The said application of non-applicant No. 1 the wife of the present petitioner was registered as Misc. Criminal Application No. 197/95 which was decided on 12-3-1996 by Chief Judicial Magistrate, Wardha and the said order was confirmed in Criminal Revision Application No. 30/96 by the Additional Sessions Judge, Wardha by order dated 8-10-1997 granting monthly maintenance at the rate of Rs. 500/- from the date of the application to the present respondent Kalpana Shankar Gohane. The order of the learned Magistrate clearly shows that the present petitioner was served with

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