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2002 Supreme(Ori) 574

P.K.TRIPATHY
KUMUDA RANJAN PANDA – Appellant
Versus
PADMANAVA PANDA – Respondent


Advocates Appeared:
D.P. Dhal, B.K. Panda and K. Dash, for the Appellant; L. Samantray, for the Respondent

JUDGMENT :

P.K. Tripathy, J. - Heard learned counsel for both the parties and this application u/s 482, Cr.P.C. is disposed of at the stage of admission on consent and active participation of both the parties.

2. It may not be a case of rare instance where old aged parents claim maintenance from a son by knocking the door of the Court where both the parties express justification in respect of their action, that is to say, parents claiming for maintenance on the ground of negligence and refusal by the son to maintain and son defending the issue by stating about unreasonable attitude of the parents. This is a case of that nature. The order dated 24.1.2000 passed by learned S.D.J.M., Berhampur in refusing a chance to the petitioner to contest the case and the confirming order of learned Sessions Judge, Berhampur in Criminal Revision No. 27 of 2000, is before this Court for considering u/s 482, Cr.P.C. Technically speaking, the application u/s 482, Cr.P.C. is not maintainable in view of bar under Sub-section (3) of Section 397, Cr.P.C. inasmuch as petitioner is unable to show any illegality in the impugned order which has the effect of defeating the ends of justice. But, keeping in view




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