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1995 Supreme(J&K) 47

A.Q.PARRAY
Bashir Ahmad – Appellant
Versus
Roshni – Respondent


1. This matter was called several times, but nobody appeared. From the perusal of the file, it appears that this reference was made way back in the year 1988. Parties were served and despite service, they are not appearing. The matter has been listed today after having been duly notified in the cause list, even then nobody is present for the parties.

2. This being criminal reference, cannot be dismissed in default for appearance of the parties and is to be disposed of on merits.

3. By pursuing the order of interim maintenance passed by learned Judicial Magistrate, 1st. Class, Billawar in proceedings under Section 488 Cr.P.C. in case titled Mst. Roshni versus Bashir Ahmad, the order of interim maintenance came to be challenged by way of revision petition before learned Sessions Judge, Kathua, who had decided the same by making reference to this Court way back on 9-5-1988.

4. The learned Sessions Judge, Kathua after having heard the parties has recommended for quashment of initiation of proceedings under Section 488 Cr.P. C, and vacation of interim maintenance order.

5. The reasons given by learned Sessions Judge in its order dated 9-5-1988 are cogent and legally tenable. The order of in



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