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2008 Supreme(Ker) 540

R.BASANT
Abdul Rasheed – Appellant
Versus
State Of Kerala, Represented By the Public Prosecutor – Respondent


Advocates Appeared:For the Petitioner:V. Chitambaresh (SR.), T.C. Suresh Menon, Jibu P. Thomas, P.S. Appu, Advocates. For the Respondents: S.U. Nazar, Public Prosecutor.

Judgment :

Does the petitioner have a right to challenge the impugned order in revision? If he has such a right, is he justified in coming to this Court with this petition under Section 482 Cr.P.C.? These are the questions of importance raised at the threshold in this Crl.M.C.

2. Against the petitioner a claim for maintenance under Section 125 Cr.P.C. was filed by the claimants - his wife and two minor children. That claim was decided ex parte by Annex.A order. The petitioner was directed to pay maintenance to his wife and two minor children at the rates of Rs.1,500/- Rs.1,250/- and Rs.1,000/- p.m. respectively. The petitioner filed an application to set aside the ex parte order. That petition was disposed of by the impugned order, copy of which is produced as Annexure-C. The court took the view that the petition is meritless and represents only an attempt to protract the proceedings to the maximum extent possible. The petitioner has come to this Court with this petition under Section 482 Cr.P.C. to challenge the impugned order rejecting his application to set aside the ex parte order filed under the proviso to Section 126 Cr.P.C.

I am called upon to invoke and exercise the extra or























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