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2014 Supreme(Gau) 520

A.K.GOSWAMI
Sufian Uddin – Appellant
Versus
Shifa Begum – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: S.C. Biswas, B. Choudhury and E. Ahmed.
For Respondents/Defendant: S. Jahan, Addl. P.P.

JUDGMENT

Arup Kumar Goswami, J.

1. By filing this application under Section 482 of the Code of Criminal Procedure, 1973 (for short, Cr. P.C.), the petitioner calls into question the order dated 2.5.2013 passed by the learned Sessions Judge, Karimganj, in Criminal Revision No. 8/2012, whereby the learned Judge dismissed the revision petition filed by the petitioner against the order dated 16.11.2011 passed by learned Sub-divisional Judicial Magistrate(S), Karimganj in Misc. Case No. 4/2009 under Section 125 Cr. P.C., restoring the petition under Section 125 Cr. P.C. filed by the opposite party No. 1, which was dismissed for default due to her non-appearance on 29.10.2011 because of her illness. Significantly, the order dated 16.11.2011, by which the learned Magistrate restored the case to file is not under challenge in this petition. The said order is also not a part of the petition.

2. The learned Sessions Judge, Karimganj held that the provision of section 125 Cr. P.C. is incorporated as a welfare measure for the needy by making provision for providing quick relief to the deprived wife, children etc. in the form of maintenance and therefore, the learned Magistrate committed no wrong






































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