( 1 ) THE instant revisional application under section, 401 and 482 of the Code of Criminal Procedure has been preferred by the petitioner against the order dated 19. 4. 2000 passed by the learned Judicial Magistrate, 2nd Court, Barasat, in M. Ex. Case No. 50 of 97. By the impugned order the learned Court below rejected the petition under section 5 of the Limitation Act and the petition under section 126 (2) of the Code of Criminal Procedure filed by the present petitioner who figures as opposite party in the said case before the learned Magistrate.

( 2 ) THE facts anterior to the filing of the revision application may briefly be narrated as follows:-the present O. P. No. 1 wife filed the petition under section 125 of the Criminal Procedure Code claiming maintenance before the learned Court below. The said maintenance case was ultimately heard ex-parte and by the order dated 3. 6. 97 passed in M. cases No. 169 of 1995, maintenance was awarded at the rate of Rs. 800/- (Rupees Eight Hundred) per month in favour of the wife and Rs. 350/- (Rupees Three Hundred Fifty) per month in favour of her minor son with effect from the date of filing of the petition. Since the hus