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2002 Supreme(Pat) 376

P.K.SINHA
Yugeshwar Nath Mishra – Appellant
Versus
Arpana Kumari – Respondent


Judgment

1. This is an application under Sec. 482 of the Code of Criminal Procedure (hereinafter referred to as the Code) for quashing order dated 5-10-1999 in Case No. Misc. 122 of 1996 corresponding to Trial No. 387 of 1999 recorded by Sri. Rajendra Kumar Singh, Judicial Magistrate, first class, Ara as well order dated 5-8-2000 recorded in Cr. Rev. No. 288 of 1999 by the First Additional Sessions Judge, Ara. In this case learned counsels for the petitioner, for opposite party No. 1, Arpana Kumari, and learned Additional Public Prosecutor on behalf of the State have been heard. This application, therefore, is being disposed of at this stage.

2. One Vidyawati Devi, who had expired in course of the proceeding and Arpana Kumari, her daughter, had filed a petition under Sec. 125 of the Code for their maintenance. On death of her mother the daughter continued to prosecute the case. Arpana Kumari was unmarried who had stated her age to be eighteen years on the date of her deposition, on 31-5-1999. The case was contested and in the final order the learned Magistrate directed payment of maintenance at the rate of rupees five hundred per month to Arpana Kumari till she got married or was ab



















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