This is an application under section 482, Cr. P.C. for quashing the orders dated 20.2.87 and 8.5.87 passed by the Judicial Magistrate of the First Class Nalbari in Misc. Case No. 32 of 1986 and order dated 5.8.87 passed by the Sessions Judge Nalbari in CM No, 16 (N-2 ) 1987.

2. Facts,-On 20.2.87, the learned Magistrate passed an exparte order directing the petitioner to pay a monthly allowance for the maintenance of the opposite party and her child. The learned Magistrate fixed Rs. 200/- for the mother and Rs. 100/- for the child. The petitioner filed an application for setting aside the exparte order. The learned Magistrate rejected the petition. Being aggrieved by the order of the learned Magistrate, the petitioner filed Criminal Motion No. 16 (N-2) of 1987 in the Court of the Sessions Judge Nalbari. The Sessions Judge dismissed the revision petition on 5.8.87. Hence this petition.

3. The learned counsel for the opposite party Mr. J. Deb has argued that the petition is not maintainable in view of the provisions of section 399(3), Cr. P.C. He has referred to me a decision of the Supreme Court in Municipal Corporation of Delhi vs. Ram Kishan Rohtagi, AIR 1983 SC 67. In that case the

Click Here to Read the rest of this document