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2002 Supreme(Raj) 1478

KHEM CHAND SHARMA
Om Prakash – Appellant
Versus
State of Rajasthan – Respondent


Advocates:
For the Petitioner:Mr. Rajesh Kapoor, Advocate.
For the Respondents:Mr. Biri Singh Sinsinwar, Advocate.

JUDGMENT :

1. Heard learned counsel for the parties for final disposal at the admission stage.

2. This revision petition under section 397 read with section 401 Criminal Procedure Code arises out of the order dated 26.9.2001 passed by the learned Additional Sessions Judge No. 2, Bharatpur, allowing the revision petition preferred against the order dated 23.4.2001 passed by the learned Additional Judicial Magistrate No. 2. Bharatpur.

3. Respondent Ajay @ Ashok filed an application under section 125(3) Criminal Procedure Code before the learned Judicial Magistrate claiming maintenance amount for the period from 19.2.1996 to 18.2.2001. The learned Magistrate allowed the application of the respondent to the extent that he is entitled to get maintenance of preceding one year from the date of filing of application i.e. 22.2.2002. Feeling aggrieved by the aforesaid order, the respondent preferred a revision petition before the court of Sessions. The learned Additional Sessions Judge held that limitation of one year prescribed under Proviso to sub-section (1) of Section 125 Criminal Procedure Code is not applicable in the case of a minor. In case of a minor, the prescribed period of limitatio








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