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2022 Supreme(J&K) 274

SANJAY DHAR
Showkat Aziz Zargar – Appellant
Versus
Nabeel Showkat – Respondent


Advocates:
Advocate Appeared:
For the Petitioners: Hamza Prince, M.Y. Bhat.

JUDGMENT :

SANJAY DHAR, J.

1. The petitioner has invoked the jurisdiction of this Court under section 561-A of the J&K Cr.P.C. (corresponding to Section 482 of the Central Cr.P.C.) challenging order dated 16.10.2018 passed by learned Judicial Magistrate, 1st Class (2nd Additional Munsiff) Srinagar, whereby application of the petitioner seeking cancellation of maintenance order granted in favour of the respondents has been dismissed. Challenge has also been thrown to order dated 11.07.2019, passed by learned 4th Additional Sessions Judge, Srinagar, whereby revision petition against the aforesaid order of the learned trial Magistrate has been dismissed.

2. It appears that the respondents, who happen to be the sons of the petitioners, had moved a petition under section 488 of the J&K Cr.P.C. before the learned trial Magistrate and the said petition came to be disposed of by a consent order passed on 18.02.2012 whereby a monthly maintenance of Rs. 1,200/- was awarded to each of the respondents. It is pertinent to mention here that the respondents at the relevant time were residing with their mother Neelofer Jan, who was living separately from her husband, the petitioner herein. The petiti

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